Seeking Justice for Victims of Sexual Abuse in Elderly Care Facilities

Millions of families in the United States trust nursing homes and other facilities to provide the best care possible for their loved ones. Many of these residents are elderly people with physical and/or mental disabilities who require specialized care from professionals.

Unfortunately, though, many facilities do not act in a professional manner. They hire underqualified caregivers who often have shady backgrounds. They may engage in physical or even sexual abuse.

Sexual abuse in nursing homes and assisted living facilities is a devastating violation of trust and dignity. It often happens to elderly residents who are vulnerable due to physical limitations, cognitive impairments, or dependence on caregivers for daily needs. When abuse occurs, it is not only a personal tragedy for the victims and their families but also a serious failure of the facility entrusted with their care.

Victims of sexual abuse in elderly care facilities have legal rights. Abuse may be committed by staff members, other residents, or even visitors, and facilities can be held accountable for failing to properly screen employees, supervise residents, or respond to warning signs. In many cases, claims may involve negligence, inadequate staffing, poor training, or failure to follow mandatory reporting laws.

Families and victims can seek justice through various avenues. Civil lawsuits may provide compensation for physical injuries, emotional trauma, medical expenses, and pain and suffering. Reporting abuse to law enforcement and state regulatory agencies is also critical to stop ongoing harm and protect other residents. If you suspect sexual abuse in an elderly care facility, act immediately.

File a Complaint Against Nursing Home Administrators

The Nursing Home Administrator Program within the Center for Health Care Quality's Healthcare Workforce Branch is responsible for reviewing and investigating complaints filed against licensed nursing home administrators (NHAs).

If you believe an NHA has violated health or safety regulations, engaged in misconduct, or acted in a way that endangers residents’ health or well-being, you may submit a formal complaint.

Complaints may be submitted by anyone, including the following:

• Residents or their family members

• Facility employees

• Healthcare providers

• Advocates or ombudsmen

• Members of the public

Complaints against an NHA may include:

• Abuse, neglect, or exploitation of residents.

• Administrative mismanagement or misconduct.

• Unethical or unprofessional conduct

• Violations of state or federal laws and regulations

• Inadequate staffing levels or unsafe facility conditions under the administrator’s supervision

You may complete the CDPH 528 Complaint Form or submit a written complaint of your own. Include the facility name and address, and send the complaint via:

• Email: NHAP@cdph.ca.gov

• Fax: (916) 636-6108

Complaints may be filed anonymously. However, providing your contact information can assist investigators in conducting a more thorough review and allow for follow-up if additional details are needed.

After your complaint is received, the Nursing Home Administrator Program will review it to determine whether it falls within its authority. If so, the matter may be assigned for investigation.

All investigations are confidential. If violations of applicable laws or regulations are confirmed, disciplinary action may be taken against the administrator.

Legal Options

In California, victims of sexual abuse in nursing homes or assisted living facilities have several legal options:

• Civil lawsuits. Victims may file a civil lawsuit directly against the individual who committed the abuse, as well as the facility responsible for resident care. Facilities can be held liable for negligent hiring, retention, training, or supervision if they failed to properly screen employees or ignored warning signs.

• Claims Under California’s Elder Abuse and Dependent Adult Civil Protection Act. California’s Elder Abuse Act provides stronger protections for seniors and dependent adults. When sexual abuse is proven, especially if it involves recklessness, oppression, fraud, or malice, victims may recover enhanced damages. These can include attorney’s fees, costs, and punitive damages, which are not always available in standard negligence cases.

• Criminal prosecution. Sexual abuse of an elder is a crime under California law. Victims or family members can report suspected abuse to local law enforcement, which may result in criminal charges against the perpetrator. Criminal cases can lead to arrest, prosecution, and incarceration.

• Reports to Adult Protective Services (APS). Adult Protective Services investigates allegations of abuse involving elders and dependent adults living in care facilities. APS can conduct welfare checks, coordinate medical and protective services, and work with law enforcement. Filing an APS report can trigger immediate protective measures for the victim.

• Mandatory reporting violations. California law requires healthcare workers, administrators, and caregivers to report suspected elder abuse. Failure to report can result in civil penalties and criminal consequences.

• Protective and emergency legal remedies. Courts may issue protective orders, restraining orders, or emergency injunctions to remove an abuser from the facility or restrict contact. In some cases, families can seek court intervention to transfer a resident to a safer environment or appoint a temporary conservator to protect the victim’s interests.

Supporting the Victim

Sexual assault victims may experience physical injuries, emotional trauma, fear, shame, or confusion, especially if they have cognitive impairments. Believing the victim and ensuring their immediate safety is the most critical step.

Prompt medical attention is essential, both to treat injuries and to preserve evidence. Facilities are required to report suspected abuse, but families and advocates should also notify authorities to ensure an independent investigation. Documentation, including photographs, medical records, and incident reports, can be vital later.

Emotional support is just as important as legal action. Counseling, trauma-informed care, and consistent reassurance help restore a sense of dignity and control. Families should also relocate the resident to a safer environment.

Contact Newman Law Group Today

Sexual abuse or any type of abuse, for that matter, should never occur in a nursing home. Residents should feel safe and cared for.