Resident-on-Resident Sexual Abuse in Nursing Homes
Nursing home residents are protected from abuse by fellow residents under Illinois law and federal law. Illinois’ Nursing Home Care Act (NHCA) protects residents from any intentional or negligent act or omission that causes an injury to a resident. This includes abuse committed by staff members, as well as abuse committed by other residents. If a nursing home fails to protect a resident from abuse by another resident, the nursing home may be liable for this failure.
Sex Offender Accused of Abusing Fellow Resident After Recent Release from Prison
According to a local news report, a convicted sex offender is accused of assaulting a fellow resident at a nursing home in New York. The accused resident is a 62-year-old man who was recently released from prison after serving 20 years for robbery and sexual abuse. His past history involved targeting elderly women. According to the allegations, the man entered a fellow resident’s room at night, pulled off her blanket, and molested her. He is also alleged to have touched other female residents before this incident.
A state official responded to the incident and questioned whether the state’s department of corrections communicated with the nursing home. The department of corrections said it had informed the nursing home that the man was a level-three sex offender. However, the nursing home said that it was not told of the man’s conviction until he was admitted and that they learned of it only after the police visited the facility. The home also said it could not immediately discharge him after it found out about his past because it was required to find another facility to take him before they discharged him. According to the report, after the nursing home found out about the man’s past, staff monitored him every 15 minutes and later supervised him full-time. After the alleged assault, the man was released to the state health department and police.