Sexual Assault in Georgia Nursing Homes: What Families Must Know
Could sexual assault be happening behind closed doors in Georgia nursing homes? Sadly, these cases are more common than many realize, and families are often left in the dark until it’s too late. Knowing the signs and understanding your legal rights is critical. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Mr. Patrick Stonich to talk about how sexual assault happens in nursing homes, what families need to watch for, and the steps to take if abuse is suspected.
Stonich:
50% of sexual assault in elderly leads to death within one year. It is not only based on the psychological harm of being sexually assaulted, but also the physical side of them possibly having injuries. Infections, 50% are passing within the one year, which is leading to wrongful death.
Schenk:
Welcome back to the Nursing Home Abuse podcast. My name is Rob. I will be your host for this episode. Today we are talking about the sad fact of sexual assault. I. In nursing homes, how they happen, how we can prevent them. But we’re not doing that alone. We have Patrick Stone on the show to discuss this topic with us.
We have Patrick Stone joining us today to share his knowledge. Patrick began his nursing career at Thomas Jefferson University Hospital, later transitioning to home health and hospice care. He founded and operated a Medicare agency for 18 years, serving patients across six Pennsylvania counties now as program director for on Point Legal Nurse Consulting.
He coordinates litigation support for attorneys nationwide and serves as an expert witness in home health, hospice, and long-term care cases. And if you’re an attorney listening to this and you do nursing homework, then you’re certainly familiar with OnPoint, legal Nurse Consulting in the past used them.
These guys are pretty prolific in the nursing home industry. But I digress. Patrick, welcome to the show.
Stonich:
Thank you very much, Rob. Thanks for having me. Me.
How common is sex assault in nursing homes, and why does it happen?
Schenk:
It’s a pretty hardcore topic. So I guess, to get into it, it’s how common in your experience is sexual assault in nursing homes and typically in your experience who are the who are the perpetrators and who are the victims?
Stonich:
It, it is a tough topic and it has been, in my experience I’ve seen a very large increase of cases that not only I reviewed or have heard about with other experts and attorneys there has been a big increase of sexual assault specifically in skilled nursing facilities. It’s a.
It’s a tough population in skilled nursing facilities. Of course. The I pulled some numbers and from the O bondsman report that came out in 2023, there’s been a 60% increase since the last report of 2017 of reporting. Some of the, of course some of the biggest issues in skilled nursing facilities is the availability of individuals able to report exactly what happened.
Dive deeper into the legal process and advocacy related to sex abuse cases in Georgia nursing homes.
Schenk:
I see. I see. And I guess it’s either gonna be that the perpetrator and that term is not apt if it’s another resident or it could be an employee or somebody outside of the facility that happens to come in there. Correct. In, in your experience, is it e even amount or is it, are you seeing a trend more towards resident, upon resident or employee upon resident.
Stonich:
Based off the setting most skilled nursing facilities it is caregiver to the resident. The statistics is about 80% of these reported events are coming directly from caregivers. There has been, increases more in memory care units that I’ve seen to where it’s patient to patient or resident to resident for assault.
I have seen it a few have come across my desk of actually family members which is also an of an issue also loved ones to where if it’s two dementia patients and they’re not having the ability to consent or properly consent for even if it’s with their loved one, that’s been an increase and that’s been a concern that I’ve seen.
Review the latest research on the impact of preventive health measures in elderly populations.
What are the warning signs that a loved one may be a victim of sex assault in a nursing home?
Schenk:
What are some of the warning signs that a resident has suffered from some type of sexual assault? I.
Stonich:
The most obvious would be of course, bruising. If there’s any bruising in their genital areas, bruising on their upper arms, their wrists their their ankles. There can be injury like pelvic fractures.
If an individual is very frail they’re more susceptible to, breakage or injuries? There can be a lot of withdrawn. They become less active with their activities. Something that has changed from their normal kind of day-to-day life. So they might not participate in activities.
Their food intake might, go down or not wanna participate in meals and they can just have a withdrawn effect that is different from what they normally were. The other side of that is I’ve seen the, an increase of sexual behavior. So they weren’t, and and that wasn’t their typical, so it’s a big change that they are oversexed and that is can be a red flag that should be looked into.
On the other side is sexually transmitted diseases. That is still something that can happen at any age. And of course if something like that comes up that needs to be investigated immediately.
Learn more about clinical developments on detecting and addressing trauma among older adults in long-term care.
What should families do immediately if they suspect sex assault in a Georgia nursing home?
Schenk:
Speaking of investigation, so let’s say that that you have a loved one and you know that they’re starting to show some of the signs that you mentioned, what would be the next steps that they would need to take?
Stonich:
Definitely call the a bondsman that needs to be reported. Call the Department of Health or the Department of Health and Human Services that needs to be reported. The police should be involved if there’s a a suspected abuse and of course the facility, they need to be involved immediately.
’cause they need to take measures right away to protect the resident protect the other residents. If it’s someone coming from the outside coming into the facility, or if it’s someone within the facility. They need to all be notified immediately depending on the investigation. There’s a group of specialty trained nurses called SANE Nurses, which are sexual assault nurse examiners.
They’re highly trained individuals to to do these evaluations and assessments properly, making sure they’re retaining the information and all of the everything that they need to. Put their investigation together if it moves to that point. So a sane nurse would be, must be in or should be involved, I should say.
Explore current perspectives on mental health challenges and trauma recovery in elder abuse cases.
Schenk:
So from a prevention standpoint, what are some of the things that a nursing home can do to reduce the probability that a resident will be a victim of sexual assault?
How can nursing homes be held accountable for failing to prevent sex assault?
Stonich:
Coming from, as a nurse myself we left is education and training. So we have to constantly educate and we have to constantly train our staff for the signs and symptoms of sexual assault.
So if they see bruise bruising or they see a changing condition with the resident. That’s outside. Anything else that’s going on with them medically? That, that’s continuous education, continuous training of, as far as the facility is concerned, they need to have some policies in place and I’ve seen it, an increase of it, of they’re checking other residents in the building for background checks.
So making sure other residents are not on the national sex offender list which is a free search that they can look, that should be part of their admission process. The other part is doing ongoing background checks for staff members. Most of the requirements is they’re done on hire a background check.
More states are starting to change to where that’s done annually. But some states still have it on on higher and orientation, and then it’s up to the staff member to report. I have this now on my record and report that it’s basically a self-reporting, which in my experience doesn’t happen too often to where.
They’re not reporting to their supervisors that they have a new offense. So I think facilities need to get a little bit more stringent with background checks of other residents in the facility and ongoing education to the staff.
Read a recent study on sexual violence in residential care and implications for policy reform.
What policies and procedures should nursing homes have in place to prevent sex assault, and how can families ensure compliance?
Schenk:
I know that in Georgia, assisted living facilities and personal care homes, which are regulated by the state of Georgia, not federally are required to do some level of background check of the residents themselves.
However, as you mentioned, there’s not a federal regulation that I know of, and I’m not familiar with any state that requires any. Back requires the background check of residents. Although I’m it, it may exist out there. I think that is something. And, but at the, on the flip side of that though, there are so many residents coming in and out of nursing homes that might, that little extra bit of background might.
Background checking might cost, the nursing homes a certain amount, and you have to talk about like what’s the cost benefit. Of course, we don’t want anybody sexually assaulted, but at the same time, I’m sure that would be an honors task. I. True.
Discover the impact of poor institutional oversight on elder mistreatment in care facilities.
Stonich:
It’s tough and it’s, it’s it’s it’s time consuming.
I think that it could also be something if there’s going back to the education and the reeducation and training for the staff members to see these red flags, if you will. Then initiating we need to start doing some spot checks. I know that could be troublesome as well. ’cause then there could be targeting certain individuals.
It could also be, when a family member is researching, if they’re, what skilled nursing facility they might be going into, or a loved one going into the family members can certainly do a search of o obviously not a specific person, but they can do a search for the sex offenders in that area.
It gets a little granular to, specific zip codes and towns and things like that, so they could, see it, it could certainly. Give you a little caution and then maybe ask some questions after that. And then as the facility do you do background checks of not only the staff of course, and how often, but other residents in the facility, are they ever checked?
Read our blog about a controversial legal decision where Iowa was ruled not liable in a nursing home sex attack.
Schenk:
So tell me about the what would trigger a assessment of an individual. Who previously either they didn’t do a background, they’re talking about a resident who previously didn’t, did they didn’t do their deed, either didn’t do a background check or maybe the background check came up.
No. History. What are some of the things that might happen that would say, Hey let’s perhaps reevaluate whether or not this individual is safe to be here because he might have a propensity to assault other residents.
Learn how a family discovered their daughter suffered from an STD in a nursing home and the legal steps they pursued.
Stonich:
No, that’s a good question. I would say the keeping a good log of activity within the building, so asking staff members from, top to bottom.
So a resident is wandering around more into other individual’s rooms. If they’re visiting people that they’ve technically never had an association with and there’s a new. Relationship. If there, those are types of things. Almost keeping a diary of kind of the activities that again, would be different than their norm.
Not just normal visiting and, socializing. ’cause that’s extremely important, of course in skilled nursing facilities. Something that just seems odd, seems a little different. If they’re closing the door every time they’re going into another resident’s room they’re always asking for extended privacy.
That just seems a little bit outside Their normal kind of day to day is something that I would say is, can trigger that. It’s it’s, again, it’s a change in their normal condition. So it’s a change in their normal day to day. And if it’s a simple, watching and seeing what’s happening and then interviewing.
And not accusing right away, but interviewing the resident to see what’s going on. It can dictate your next steps. The, of course they have the right to have relationships and facilities. The other thing is the facilities should be notifying the families if there is a new relationship with another resident to resident in the facility.
Understand the legal and clinical scope of what constitutes elder abuse in both nursing homes and home care settings.
I’ve seen several cases to where the family’s never. Been notified that, your mom has a new friend and they’ve been, supposedly they’re dating. That’s something that should be, with privacy of course, but that could be, that needs to be relayed back to the family. And I’ve seen facilities implement new consensual consents that if they have dementia or they have some cognitive impairment that.
There’s almost a a consent process to are you consenting to have this relationship? Which really is it’s awkward. I will say that it’s not the easiest conversation to have, but it’s really putting everyone on the up and up knowing exactly what’s going on.
Schenk:
Talk more about that.
I’m I don’t think I’m familiar with that process.
Stonich:
There’s it was in Pennsylvania. That’s where I’m from. So there was a they were skilled nursing facilities and assisted living facilities. So there the, there’s more interaction with other residents in assisted living facilities.
And it was, basically give consent to a sexual relationship with another resident and is the individual that is consenting able to understand what’s happening what they might be doing and who it’s with. Both families were notified of this, the wants of these two residents and they had a more of a case conference to discuss and ba based off of the evaluation and the assessment, the nurses were there.
Both family members were there and the individual consented to she, she understood and he understood what, what was, could possibly happen. So it was really more of education and understanding that they were cognitively aware of this consent process. Sure. So it was constantly updated. It wasn’t a one time thing.
And it was. Based off of their assessment their cognitive deficits, and if they were capable of understanding what was happening.
Discover the challenges families face in seeking justice in a state where Georgia lacks an elder abuse registry.
Schenk:
You had mentioned a second ago about the there being like a sex offender list and trying to cross-reference residents potentially about this and the feasibility of that.
But I wonder what the, if we could magically have the statistic what the statistic is. With respect to the number of sexual assaults that happen in nursing homes by residents that have a background in it, that have a history of sex offense versus not to such the extent that it if it’s even warrants the background check.
I’ve, as I’m saying this, almost like I’m against background checks, but I’m not I promise, I’m just thinking out loud,
Stonich:
but I understand what you.
Schenk:
Anyway but clearly background checks for the employees or the actual caregivers, whether they’re temp or what? 100%. And that’s required under federal in most states anyway, but I.
But yeah it’s a tough, it’s a tough issue for the residents coming in there, but,
Stonich:
It would it is tough and it would, it would be a wonderful a fascinating statistic to see what that is. I haven’t, it hasn’t come across my desk at all. The other thing with background checks is they’re not in or the.
The update of background checks and the offenses, it’s not instant. So there’s been, there’s been cases to where even nurses have gone state to state and they’re in one state over and the next state doesn’t know. Not only just doing state background checks in your county, but also doing federal background checks, but that also, that costs a lot of money as well.
So it’s not an easy there’s not an easy answer and the, unfortunately our systems don’t update. Immediately or instantly. So there’s always a lag between, if people are traveling around and that’s something that. Probably should be a little faster in these days.
Listen to our podcast focused on raising awareness of sexual abuse in nursing homes.
Schenk:
Exactly.
Stonich:
So one of the interesting statistics that I came across was they said and this again was from a study from the Ombudsman Association, 50% of sexual assault and elderly leads to death within one year. They’re saying that it is not only based of a psychological, so the psychological harm of being sexually assaulted, but also the physical side of them possibly having injuries, infections.
And there’s 50% are passing within the one year, which is leading to wrongful death. The facilities do have a responsibility to protect residents. And I thought that was something that I’ve never seen before in my research
Schenk:
That puts it into a different perspective. It makes it more of a grave more of a grave issue, more of a critical thing that needs to be addressed.
Stonich:
Yeah. And one of the biggest things is, is believing the residents that when they say something happened or something’s wrong that’s one of a lot of the cases that I’ve seen. And talking with my nursing friends that work in facilities you have to believe the resident. You have to believe that something happened.
And again, going back to the population, it can be end stage dementia, Alzheimer’s residents. They still need to be. Be believed and understood what had possibly happened in this situation. And a lot of times it’s ignored. Or they’re saying, she, she has dementia, she doesn’t know what she’s talking about, or he doesn’t know what he is talking about.
Hear firsthand legal insights on sexual abuse at nursing homes and how families can take action.
And this happens both with men and females in facilities. So there’s, not identifying that an act actually could have occurred is no one’s gonna report it. And then unfortunately, bad things are gonna continue to happen if we’re not believing patients
Learn about legal efforts and challenges related to sex abuse in Georgia nursing homes in this in-depth episode.
Schenk:
Well said. Patrick, we really appreciate you coming on the show and sharing your knowledge with us today.
Stonich:
Of course. Thank you very much. I appreciate it.
Schenk:
Folks, I hope that you found this episode educational. If you have an idea for a topic that you would like for me to talk about, please let me know. If you have an idea for a guest that you would like for me to talk to, please let me know that as well.
New episodes of the Nursing Home Abuse Podcast come out every single Monday. And again, by all means, please be sure to participate in our weekly question of the week. Nursing abuse podcast, coffee mug. At this point in time, if you even think about participating, the chances of you winning are very high, probably 100%.
Be sure to find our TikTok at justice for residents enter to win. You’ll probably win. And with that folks. We’ll see you next week.
Mr. Patrick Stonich’s Contact Information: