Investigations into Nursing Home Abuse Involving Sexual Assault Give Way to Criminal Case

A suspected nursing home abuse case may result in criminal sexual assault charges after a disabled resident at a Geneva, Illinois, facility was found to be 33-weeks pregnant. Long-term care facilities have a responsibility to keep residents safe. Thus, suspicions of or witnessed abuse should be reported, and are investigated seriously.
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Nursing home abuse can take many forms, including physical, emotional, or sexual. If you suspect your loved one has suffered such mistreatment, or is currently getting abused, call our team at DePaolo & Zadeikis, 312-263-7560.
Sexual Abuse in Nursing Homes
Sexual abuse is one of several common types of neglect in a nursing home. It involves any type of non-consensual sexual contact from one person to another. Such abuse can take many forms, including:
- Forced nudity
- Taking sexually explicit photographs or recordings of a resident and distributing them
- Forced watching of pornography or masturbation
- Unwanted intimate touching
- Rape, oral, or anal sex
Due to physical or mental limitations, many residents cannot effectively consent or fight back, making them particularly vulnerable to sexual abuse. Such was the case with the woman in the Geneva, Illinois, long-term care facility. She cannot walk on her own, and is also non-verbal.
What Are the Signs of Sexual Abuse?
Nursing home residents who suffer sexual abuse may show varying signs of the trauma they have endured. Physical injuries or signs of the abuse may include torn or bloody clothing, unexplained sexually transmitted infections, difficulty sitting or walking, or physical injuries around the genitals or thighs. In addition to physical signs, nursing home residents who have suffered sexual abuse may become withdrawn or develop depression.
The Geneva nursing home resident’s condition causes her to have a distended abdomen, which caretakers monitor weekly. She was sent for a checkup when it was noticed that her abdomen had gone above the baseline, and doctors discovered she was pregnant.
What to Do If You Suspect Nursing Home Abuse in Illinois
Whether you are a mandated reporter, a concerned family member, or just a witness, if you suspect a nursing home resident is getting abused, it is essential to take immediate action.
Report the Abuse
Contact the Illinois Department of Public Health (IDPH) Adult Protective Services hotline. IDPH is the primary agency responsible for investigating allegations of abuse against vulnerable adults, including nursing home residents. The hotline is available 24/7.
You may also consider reporting to the Long-Term Care Ombudsman. The Illinois Long-Term Care Ombudsman Program advocates for the rights of nursing home residents. While they cannot launch investigations themselves, they can provide guidance and support throughout the process.
If you believe a crime has been committed, such as sexual assault or battery, file a police report immediately. Making a police report ensures a criminal investigation is launched alongside the IDPH investigation.
Document Everything
Having documentation may aid in a nursing home’s independent, as well as law enforcement’s, investigation. Keep a detailed log of your observations, including dates, times, and specific details about the suspected abuse. For example, you may note changes in your loved one’s behavior, physical injuries, or witnessed interactions with staff.
If there are physical injuries or suspicious marks, take clear photographs with your phone.
Request copies of your loved one’s medical records from the nursing home. These may reveal evidence of injuries or untreated medical conditions that could be linked to the abuse.
Take Steps to Protect Your Loved One
If your loved one is in immediate danger, consider removing them from the nursing home and placing them in a safe environment. To this end, you may need to move them to your home or another care facility.
If your loved one has a power of attorney or healthcare directive, ensure it’s up-to-date and designates someone you trust to make decisions on their behalf. You may also consider consulting with nursing home abuse lawyers in your area.
By taking these steps and seeking help, you can protect your loved one and hold those responsible accountable.
How Does the Investigation of Nursing Home Abuse Work?
The investigation process begins when suspected nursing home abuse is reported. The IDPH conducts an initial assessment of such reports, determining the severity and urgency level of each. If the report suggests your loved one is in imminent danger, the IDPH will initiate an investigation within 24 hours. For reported abuse or neglect, the investigation will typically begin within seven days.
Investigation Procedures
Once the investigation begins, IDPH investigators will employ a multifaceted approach to gather evidence:
Resident Interviews
Investigators will interview the resident in a private setting, attempting to understand his or her experience and any details he or she can share about the alleged abuse. Interviewing nursing home residents may require patience and specialized techniques depending on cognitive abilities. You may find it helpful to consult with a personal injury lawyer to discuss the rights of your loved one.
Family and Witness Interviews
Family members and any potential witnesses, including nursing home staff, will be interviewed to corroborate the allegations or provide additional information.
Reviewing Medical Records
Medical records can be crucial evidence. Investigators will examine them for signs of injuries, unexplained medical conditions, or changes in medication use that might be linked to the abuse.
Facility Inspection
The IDPH will conduct a thorough inspection of the nursing home facility. Such inspections may involve checking resident living areas, reviewing staff training records, and ensuring the facility is adhering to health and safety regulations.
Communication and Collaboration
The IDPH will keep you informed of the investigation’s progress, though details may be limited due to privacy concerns.
If the investigation uncovers evidence of a crime, the IDPH will collaborate with law enforcement agencies for further investigation and potential criminal charges.
Investigation Outcome
After a thorough investigation, the IDPH will issue a report with their findings. The IDPH report may indicate:
Substantiated Abuse
If the investigation confirms abuse occurred, the IDPH will work with the nursing home to develop a plan of correction to address the issues and prevent future abuse. Such plans may involve staff retraining, increased supervision, or even potential fines for the facility.
Unsubstantiated Abuse
If the investigation cannot conclusively prove abuse, the IDPH will close the case. However, you may still pursue other avenues, such as filing a civil lawsuit.
Throughout the investigation process, Illinois law protects you and your loved one from retaliation. The nursing home cannot discharge, transfer, or punish your loved one for filing a complaint.
From Investigation to Criminal Charges
If IDPH investigations uncover evidence to suggest a crime has occurred, the agency reports the case to local law enforcement. The authorities will investigate further and, if warranted, file criminal charges against those responsible.
Nursing home officials with the Geneva facility where the resident was discovered pregnant are cooperating with law enforcement’s investigation. Three employees have been put on paid leave, and their DNA submitted to the Kane County Sheriff Department. If evidence is found one of them committed the offense, the employee may face further disciplinary action from the facility, as well as criminal charges.
Challenges in Investigating Nursing Home Abuse
Several factors make nursing home residents more vulnerable to abuse, and affect the reporting and investigation of such incidents. Many nursing home residents have cognitive impairments or communication difficulties. As such, it can be challenging for them to clearly articulate what happened or provide detailed accounts of the abuse.
Residents may be afraid of retaliation from caregivers or staff if they report abuse. Such fear can lead to them remaining silent or even recanting initial reports.
Abuse often occurs in private settings, making it difficult to find witnesses. Staff members may be reluctant to come forward for fear of losing their jobs or being seen as disloyal.
Unlike physical assault cases, sexual abuse evidence can be scarce or disappear quickly. Additionally, pre-existing medical conditions in residents can sometimes be misinterpreted as signs of abuse.
Privacy and the resident’s pre-existing condition seem to both have contributed to delays in identifying and investigating the alleged abuse of the resident at the Geneva facility. While the public areas of the nursing home have video surveillance, resident rooms do not.
Seeking Justice for Victims
In addition to reporting suspected abuse for an official investigation, and corrective actions, families of Chicago nursing home residents may consider legal action. To that end, they may seek legal guidance to learn who can file a nursing home abuse lawsuit.
A criminal case may see the perpetrator of the abuse face penalties, such as jail time. A civil lawsuit, on the other hand, will seek to recover compensation on behalf of your loved one for his or her associated losses. For example, you may seek to obtain damages for expenses, including related medical care and pain and suffering. To discuss your family member’s options and how best to move forward after reporting nursing home abuse, contact us today.