Nursing Home Sexual Abuse: Identifying and Pursuing Justice for Victims
As our loved ones age, we entrust their care to nursing homes and assisted living facilities with the expectation that they will be treated with dignity, compassion, and respect. Tragically, that trust is sometimes violated in the most horrifying of ways—through sexual abuse.
Nursing home sexual abuse is a deeply disturbing reality that impacts some of the most vulnerable members of our society. Elderly residents—especially those with cognitive or physical impairments—may be unable to defend themselves, or even communicate that abuse is occurring.
At Downs McDonough & Foley, LLC, we are committed to advocating for the rights of nursing home abuse victims and holding negligent facilities accountable. We serve clients in Pagosa Springs, Colorado, Cortez, Colorado, and throughout the Four Corners region
Here, we’ll explore the prevalence of nursing home sexual abuse, the warning signs to watch for, legal options for victims and their families, and how an experienced personal injury attorney can help you seek justice.
What Is Considered Sexual Abuse in Nursing Homes?
Sexual abuse in a nursing home refers to any non-consensual sexual contact or interaction with an elderly resident. This abuse may be perpetrated by caregivers, other residents, visitors, or even facility staff members who exploit their position of power. Because many residents suffer from conditions such as Alzheimer’s disease or dementia, they’re especially vulnerable.
Examples of nursing home sexual abuse include: unwanted touching or fondling, sexual assault or rape, coercion or threats to obtain sexual acts, exposure to pornographic material, forced nudity, and inappropriate sexual comments or advances.
In Colorado, any of these acts may constitute a criminal offense, and nursing home staff or facilities that allow such abuse to occur can be held legally liable.
The Scope of the Problem
While physical abuse and neglect receive more public attention, sexual abuse in nursing homes is alarmingly underreported. According to the National Center on Elder Abuse (NCEA), sexual abuse accounts for approximately 7% of elder abuse cases. However, due to shame, fear, or cognitive impairment, many victims never come forward.
The problem isn’t limited to large metropolitan areas. Even in smaller communities, abuse can occur, and the tight-knit nature of rural areas can make reporting even more complicated due to social pressure or lack of awareness.
Who Is Most at Risk?
Certain elderly individuals are at greater risk of being victimized: women, especially older women with physical disabilities or dementia, residents with communication challenges, patients with Alzheimer’s or cognitive decline, those with little or no regular contact with family or outside visitors, and residents living in understaffed or poorly supervised facilities.
Additionally, residents who rely on caregivers for daily tasks such as dressing, bathing, or toileting may become dependent in ways that increase their vulnerability to exploitation.
Warning Signs of Sexual Abuse
Because many victims are unable or unwilling to report abuse, it’s critical for family members and loved ones to remain vigilant and recognize signs of possible sexual abuse. These signs may include:
Physical Indicators
Bruising around sensitive areas such as the genitals, breasts, or inner thighs, which may indicate force or inappropriate contact.
Unexplained bleeding, particularly in the genital or anal areas, which can be a red flag for physical trauma.
Difficulty walking or sitting, especially if the resident was previously mobile, could signal injury or pain resulting from abuse.
Torn or stained undergarments, which may suggest a struggle or unwanted sexual contact.
The sudden appearance of urinary tract infections (UTIs) or sexually transmitted infections (STIs), which are medical issues that shouldn’t occur without cause in a supervised environment.
While these physical signs may be alarming on their own, they often appear alongside emotional and behavioral changes that further indicate something is wrong.
Behavioral and Emotional Indicators
Withdrawal from social interaction or sudden changes in personality, which may signal emotional distress or trauma.
Increased anxiety, depression, or fearfulness, especially around specific caregivers, could indicate the presence of an abuser.
Flinching or recoiling from physical touch, even gentle contact, may suggest a fear response developed after inappropriate interactions.
Frequent nightmares or difficulty sleeping, which could be related to trauma or feelings of unsafety.
Expressions of suicidal thoughts or feelings, which are serious red flags that require immediate attention and intervention.
While these behavioral signs can sometimes be attributed to other health conditions, they should never be dismissed—especially when they arise suddenly or without explanation.
Environmental or Circumstantial Clues
Staff members who refuse to leave you alone with your loved one, possibly to control what is disclosed during visits.
A lack of privacy or supervision, which can create opportunities for abuse to occur undetected.
Complaints or concerns raised by other residents or visiting families, which may indicate a larger pattern of neglect or misconduct.
Signs that the facility isn’t following its own policies, especially regarding staff screening, supervision, or response to reports of abuse.
These environmental warning signs, combined with physical or emotional changes, can paint a clearer picture of a dangerous situation—one that requires swift action. If you observe any of these red flags, you must take immediate action.
What to Do If You Suspect Sexual Abuse
If you suspect that your loved one has been sexually abused in a nursing home, you should act quickly and decisively and take the following three steps:
1. Make sure your loved one is safe.
If your loved one is in immediate danger, call 911. Arrange to have them moved to a safe location where they can receive proper medical attention and emotional support.
2. Document everything.
Write down everything you observe, including physical symptoms, behavior changes, and anything your loved one communicates to you — no matter how small or unclear it may seem. Take photographs (if appropriate) and save any medical records or communications from the nursing home.
3. Report the abuse.
In Colorado, you’re legally required to report suspected abuse of at-risk elders. Reports can be made to: the Colorado Adult Protective Services (APS), your local law enforcement agency or the Colorado Department of Public Health and Environment (CDPHE).
4. Contact a personal injury attorney.
A skilled nursing home abuse attorney can help you understand your legal rights and options. At Downs McDonough & Foley, we can help you initiate a civil claim for damages, negotiate with insurance providers, and hold all responsible parties accountable.
Legal Options for Nursing Home Abuse Victims in Colorado
Victims of nursing home sexual abuse in Colorado have both civil and criminal legal recourse available to them:
Criminal Charges
If the perpetrator is identified, they can face criminal prosecution for sexual assault, elder abuse, and related charges. Colorado law recognizes the vulnerability of elder residents and imposes severe penalties for abuse.
Civil Lawsuits
Families can pursue civil lawsuits against the individual abuser, the nursing home or care facility for negligence or failure to protect residents, or third-party contractors such as temp agencies that provided unqualified staff.
Compensation may include medical expenses, therapy and counseling, pain and suffering, emotional distress or punitive damages (in cases of gross negligence or willful misconduct).
How Nursing Homes Can Be Held Liable
Nursing homes have a legal duty to provide safe and adequate care for residents. Facilities may be held liable for abuse when:
They fail to conduct background checks on staff.
They ignore or fail to report signs of abuse.
They fail to supervise staff and residents.
They understaff their facilities, creating opportunities for abuse.
They retaliate against victims or fail to follow up on complaints.
In Colorado, negligence laws allow victims to recover damages when a facility’s failure to uphold the standard of care results in harm.
Statute of Limitations in Colorado
Under Colorado Revised Statutes § 13-80-102, the statute of limitations for filing a personal injury claim, including for elder sexual abuse, is typically two years from the date of the incident or discovery of the abuse. However, this time frame can vary depending on the circumstances, especially if the victim has a mental disability or is unable to report the abuse immediately.
Because time is critical, it’s essential to speak with an attorney as soon as you suspect abuse.
How Downs McDonough & Foley, LLC Can Help
At Downs McDonough & Foley, LLC, we understand how devastating it is to discover that a loved one has been sexually abused in a care facility you trusted. Our experienced personal injury attorneys serve clients across Durango, Pagosa Springs, Cortez, and the entire Four Corners region with compassion, confidentiality, and a fierce dedication to justice.
Here’s how we can help:
Investigate the abuse thoroughly using private investigators and witnesses.
Work with local and state authorities to coordinate legal and protective actions.
Hold negligent facilities accountable through aggressive legal representation.
Support you and your loved one through every step of the legal process.
We don’t just represent clients—we fight for their dignity, rights, and future.
Contact Us Today
Sexual abuse in nursing homes is a harrowing violation of trust that no one should have to endure. If you believe your loved one has been victimized, don’t wait. Take action today to protect them and make sure that those responsible are held accountable. If you’re located in Durango, Colorado, Pagosa Springs, Colorado, Cortez, Colorado, or anywhere in the Four Corners area, contact Downs McDonough & Foley, LLC for a free, confidential consultation.