Iowa Ruled Not Liable in Nursing Home Sex Attack

One would think that if a sex-offender needed to be placed into the care of a nursing home that they would be isolated and that the families of other patients would be notified. Not so, according to the Iowa Supreme court in a case involving an 88-year-old habitual sex offender. As USA Today reports, Iowa is not liable for the attack committed by the man that they released to the care of a nursing home.

The family of an elderly woman who was sexually assaulted at the nursing home where she lived found out last Friday that the Iowa Department of Human Services wasn’t liable for the attack. This was because one judge ordered the attacker’s release from a state institution and another judge ordered him committed to the nursing home.

The attacker, William Cubbage, who is now 88, has a history of being a sexual predator. Previously, he has been convicted of four sex crimes and has spent years in prison and institutions.

Prior to the attack in the nursing home, Cubbage had been residing at an inpatient program for sex offenders. However, the Department of Human Services decided that the program no longer fit the needs of Cubbage due to his Alzheimer’s Disease. He was committed to the Pomeroy Care Center, a privately-run nursing home in 2010.

In 2011, Cubbage was witnessed sexually assaulting a patient in the nursing home. Authorities determined that an assault did take place, but no charges were filed due to Cubbage’s mental illness.

In addition to the ruling that the family of the victim could not sue the state over the matter, the court also ruled that the state had no responsibility to notify the families of the patients at the nursing home that there was a sex offender living among them.

The victim of the sexual assault died in 2012. The victim’s daughter said that they will go forward with a lawsuit against the nursing home.

If you believe that a loved one has been the victim of abuse or neglect while staying in a nursing facility, contact the offices of Schenk Smith. We can help you to get the compensation that you deserve. Call us today.