Caregiver Being Tried for Sexual Assault of an Incapacitated
Texas
Nursing Home Resident
The caregiver accused of sexually assaulting an elderly disabled resident in a Texas nursing home testified in his trial that his sexually incriminating DNA had been planted on the body of the alleged victim by the charge nurse with whom he was having an affair.
The charge nurse, who the defendant accused, adamantly denied during her testimony to having intimate relationships with any of the employees at the facility.
The victim was described in the indictment as being elderly, mentally impaired, and āincapable of either apprising the nature of the act or resisting it.ā She was taken to the hospital after showing signs of bleeding, and a nurse specializing in examining victims of sexual assault testified that she had suffered significant injuries. The victim later died due to her Alzheimerās disease.
The initial investigation involved three suspects who had provided care to the victim and whose DNA was also found on the victim. Two of the suspects were able to be eliminated, leaving only the defendant.
The defendant faces up to 99 years in prison if he is convicted.
Compliance Perspective
Failing to protect residents from sexual assault may be perceived as abuse, neglect, and infringement of a residentsā right to a safe environment, and considered provision of sub-standard quality of care, in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures regarding screening and background checks of employees and the need to monitor caregivers providing care to residents who are mentally and/or physically incapacitated, especially on night, weekend, and holiday shifts when staffing numbers may be lower.
- Train staff regarding abuse, neglect, and residentsā rights, as well as the importance of immediately reporting any suspected incident of sexual or other abuse by anyone to a supervisor or through the Hotline.
- Periodically audit care provided to mentally and/or physically incapacitated residents to ensure adequate supervision is occurring, especially on night, weekend, and holiday shifts.
