By submitting this form, you agree to our terms & conditions. Please read full disclaimer here.
Reviews and Top-Tier Experience.
Herman Law saved my life. Plain and simple. I am forever grateful for my family at Herman Law. They brought me and my family justice and then delivered accountability to a corrupt and broken system. They uncovered the agency’s cover up and then confronted my perpetrator, holding him accountable.
I had a great experience working with Herman Law. They consistently updated me on my case and helped me get an amazing settlement. Thank you to Attorney Dan Ellis and thank you to everyone at the law firm. I truly appreciate it.
The Herman Law Firm never over promised. They kept everything in perspective. But they sure hit a grand slam for me in the end. The firm always kept in contact with me to let me know things were getting done. I was blessed with this firm. Thank you Jeff and Jason for all your empathy and professionalism. You guys really helped me to get closure in my life.
Many believe that a residential care facility is a place for themselves or their loved ones to receive good care, but this isn’t always the case. Over the years, sexual assault and abuse accusations have been coming to light in the United States, often with victims who are most defenseless, such as elderly residents. Because elders living in homes often rely completely on others, such as caregivers, it puts them in a vulnerable position for sexual predators to commit crimes.
Survivors deserve justice, and those currently living in group homes need to be aware of their risks and options. In addition, if you have a loved one in a vulnerable position, you should know the characteristics of abuse.
At Herman Law, our mission is to help victims heal by giving them a voice through civil litigation. Start your path towards justice and healing with a member of our team — confidentially and with care.
A residential care facility is a form of long-term care for individuals who might need full-time or partial assistance. Several types of facilities serve this purpose, but all residential care facilities are primarily for elderly people who wish to continue their lives with assistance outside of a family home. Other names for these homes include board and care homes, assisted living facilities, residential homes, nursing homes, and continuing care retirement communities.
The decision to relocate to one of these facilities can be a personal choice or one that is decided amongst close family and loved ones. These homes often provide long-term medical services that allow for an all-in-one approach to continued living, particularly for those suffering from mental and physical disabilities. A family or individual should factor the potential of abuse into their consideration.
Sexual abuse occurs in assisted living facilities more often than the general population may think. Below is some information describing the nature and prevalence rates of these crimes. It is important to note that there is no national database for sexual crimes in long-term care facilities, so the actual number of incidences is unclear.
While there are many forms of abuse in care facilities, The American Psychological Association defines sexual abuse as “an unwanted sexual activity, with perpetrators using force, making threats, or taking advantage of victims not able to give consent.”
According to Michigan.gov, elderly sexual abuse includes “sexual contact with an elderly person who is confused or unable to give consent, sexual contact or penetration without the victim’s consent, forced nudity, or photographing a person in a sexual way without that person’s consent.”
It is important to realize that in sexual abuse instances, specifically in the case of vulnerable populations such as elderly individuals, it is never the victim’s fault. The fault lies in the hands of the perpetrators of sexual abuse and institutions that do not safeguard against them.
Sexual abuse impacts millions of victims every year and it can happen to any person, regardless of the individual’s identity. Any instance of sexual abuse, regardless of whether there is physical contact, must be addressed.
Examples of sexual abuse with contact include:
Examples of non-contact sexual abuse include:
As awareness grows, the elderly report sexual abuse more frequently today. Below are a few examples:
There are numerous other horrific details of the abuse women face across the country. Although sexual abuse can happen to either a male or female, sexual abusers target males less on average. In the CNN story, a woman recounts the episodes of horror she experienced from contracting genital herpes from a male nursing assistant while sleeping in her room at a facility. Unable to be identified to this day, the man remains free of any criminal charge.
This issue remains a pressing one across the country, with abuse occurring daily. Many victims of sexual abuse are hesitant to come forward. They don’t remember the crime fully, are ashamed, are unsure if their involvement perpetuated the crime, or lack the mental capacity to understand what was happening. Sexual abuse is a reality many women face in their lives, particularly during vulnerable ages as a child or senior citizen.
You can help victims by spotting abuse and being an advocate. The warning signs of abuse come in many forms. Physical signs of abuse include:
The signs of abuse may also present themselves emotionally or behaviorally:
Elderly individuals typically opt for long-term care homes to assist in their day-to-day life because they can no longer care for themselves or they would like the burden of doing so somewhat eased. The latter group puts their trust in a facility of professionals and that is often when abuse happens. Because nursing home patients are often ailing in health, they become vulnerable, easy targets in the eyes of predators.
The challenges these facilities face can provide some explanations as to why this type of abuse occurs. The first issue is the lack of databases on a federal level. Because there is no national database to track sexual crimes in residential care facilities, there is not an accurate number of home care assaults recorded. This also means that there are not adequate resources for residents, loved ones, or facilities to eliminate the abuse. Additionally, there is little to no exposure of the problem to the public.
Experts link the second issue to staffing placement. Facilities that don’t properly vet their staff, volunteers, or visitors oten house a significant number of predators. By not creating a strict process for verifying background checks and criminal records, these facilities create unsafe environments for residents.
Client Reviews
Herman law saved my life. Plain and simple. I am forever grateful for my family at Herman law. They brought me and my family justice and then delivered accountability to a corrupt and broken system. They uncovered the agencies cover up and then confronted my perpetrator, holding him accountable.
View More Reviews on Google Maps.
To further detail a WHO report released in 2017, we have provided statistics below. It’s important to note the number of cases of abuse is not completely accurate because many forms of abuse, including physical abuse but specifically sexual abuse, go unreported. Nonetheless, the purpose of this study was to bring awareness to the fact that this is happening at alarming rates. Specialists must conduct more research, but for the most part, participants reported:
Similar to other forms of sexual assault, victims can feel a sense of shame in what has happened to them. After the abuse, victims are overwhelmed emotionally and trying to navigate the healing process. The combination of shame and the necessary healing period results in many victims not reporting the crime.
Every situation is unique; though some nursing home patients have families and a support system, many do not. Some older residents have no one to turn to or report their crime to, and that means a vast majority go unreported. If they have someone that they trust, whether a family member or social worker, the victim is more likely to speak out. From there, it is up to the facility and law enforcement to play a significant role by properly address the crime and complaints of sexual abuse, which, unfortunately, doesn’t always happen.
Sexual abuse affects each person differently, and there is no right or wrong way to heal from the incident. The long-term effects include:
Between the long-term effects of sexual abuse and the often already declining physical health and mental illness of long-term care patients, there is a high risk of severe trauma.
free case review
Yes. If you or a loved one was the victim of a sexual crime while residing in a long-term care facility, then you should report allegations of sexual abuse to the proper authorities. From there, the crime should be thoroughly investigated, though it is best to contact an experienced nursing home abuse lawyer to advocate on your behalf. You may be entitled to financial compensation.
The statute of limitations varies from state to state, and it is best to research your state’s policies to properly report your case of sexual abuse. The time limit from initial crime to reporting can range heavily in years. Other factors also affect the time you have to report, such as policies regarding time from discovery or if the victim had reason to know that sexual abuse caused their injury. In addition, there are special provisions for minors.
As more reports of sexual crimes come to light, states continue to adjust their policies by allowing for more time in between the crime being committed and the reporting of the abuse. This policy primarily benefits children who were victims of abuse in children’s homes or foster care. However, it shows a pattern of change for all victims as we continue to move forward.
New York: New York has one of the longest reporting windows for victims in the country. Their code states that victims must report their abuse up to five years from the date of the abuse. This statute also provides that “actions for civil damages for defined sexual crimes, including sexual abuse of a minor, may be brought within five years of the acts constituting the sexual offense.” In addition , New York has extended the time limit for beginning new cases. Children who were sexually assaulted have until they’re 55 years old to file a case against their abuser or liable third party.
Florida: Florida also has a long reporting window compared to the national average. Victims must report “within seven years after the age of majority, within four years after the person leaves the dependency of the abuser, or within four years from the time of discovery, whichever occurs later.” There is no time limit for sexual battery offenses on victims under the age of 16.
California: Though California is a major state, it has one of the smallest reporting windows in the country. Victims have two years from the time of the incident to report the crime. When it comes to children’s sexual abuse crimes, there is an extended window of up to eight years from the date the individual turns eighteen, or within three years of discovering the ‘causal connection’ of the injury. In addition, California has implemented a three-year look-back window that allows victims to file from January 1, 2020, to December 31, 2022, regardless of how long ago the crime was.
The path to healing doesn’t have to be a lonely one. Older persons who choose to spend a portion or the remainder of their life in a residential care facility are entitled to an experience that is respectful and enforces safety standards for its residents. If you were the victim of a sexual crime while living at one of these facilities, you’re entitled to justice against your abuser.
We know the devastation that comes from being the victim of such crimes, and we are committed to helping you and your loved ones heal. We can help you receive the compensation you deserve for your ongoing recovery. Contact our legal team at Herman Law today for a free consultation.
Jeff Herman is a nationally recognized attorney and founder of Herman Law, known for his dedication to helping survivors of sexual abuse. With over 35 years of experience, Jeff has represented thousands of clients across the U.S. and secured landmark victories, including a $100 million verdict. He is trained in trauma-informed advocacy and works closely with survivors to guide them through the legal process with care and determination. Jeff is admitted to practice in Florida and New York and leads a team committed to justice and healing.
If you or your child were a victim of child sexual abuse, you likely have many questions about how a child sexual abuse lawyer or lawsuit can help you. We hope to provide answers to your questions and help you continue your healing and journey to recovery.
Some states have laws holding caretakers liable for child sexual abuse if they were aware of the abuse and failed to stop it. Courts commonly refer to this type of liability as an act of omission.
A child can sue via a parent or guardian for damages, including psychological harm and physical injury, caused by sexual abuse. Psychological damages can include emotional distress, lost wages, and mental health therapy. Physical damages typically include medical bills, surgeries, or rehabilitation stemming from treatment for physical harm done to the victim. A victim’s parent or caregiver can also recover damages for their emotional distress related to their child’s sexual abuse.
Clients can remain confidential, which is an important option for many individuals. If you want to come forward but don’t want your name publicly out there, we will use a pseudonym such as Jane Doe or John Doe to protect your identity.
Speaking up is never easy—but you’re not alone. If you’re ready to explore your legal options, our compassionate team at Herman Law is here to listen, support, and guide you forward. Reach out today in complete confidence.
Call Us: 1 866 850 3766 
call us: 1 800 686 9921
Message Us 
Call Us