Sexual Assault Charges Brought by Nursing Home Resident Against
Nurse Sent to Grand Jury
In a recent General District Court preliminary hearing, a judge referred all four charges of sexual assault against a nurse working in a Virginia nursing home to the district’s grand jury. The judge certified the charges after the 72-year-old resident appeared in court and testified that the accused nurse had repeatedly sexually assaulted her since September 2018.
The nursing home began an investigation into the alleged assaults after the resident reported what the nurse had been doing to her over a period of months.
The resident was brought into the courtroom in her hospital bed because she cannot walk and has numerous medical issues. She told the judge that she had known the defendant for several years and that prior to the sexual assaults, she thought of the nurse as a kind of friend. She said she had enjoyed talking to him about sports and other daily occurrences. Then, the resident said he changed from being a friend into an abuser, and she gave detailed descriptions of the sexual assaults.
The nurse’s defense attorney questioned the credibility of the resident’s testimony and why she waited so long to make her report, but the judge ruled that he found the woman credible and certified the charges.
Compliance Perspective
Failure to ensure the safety of residents by preventing sexual assaults committed by an employee or others against residents may be considered provision of substandard quality of care and immediate jeopardy, in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures for recognizing, intervening, reporting, and preventing employees from committing any abusive behaviors against residents.
- Train staff on policies and procedures for recognizing, intervening, reporting, and preventing sexual assaults and other types of abuse from being committed by staff members and others against residents.
- Periodically audit by interviewing residents to determine if they have experienced or observed any abusive behaviors being committed by a staff member or other individual.
