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I understand that he doesn’t know what he was doing but are there regulations to protect mom and other patients from this happening again. Does he have to move out? What should we do?
OP, some options: Speak to a lawyer (I think you’ll lose) Speak to the family of the man (ask them to help you too; ideas how to confront the facility) Speak to the facility for lack of safety measures
On what grounds do you think they will lose even if they have more lawyers? What exactly can they say that could wash always their liability from protecting the residents from harm?
Do facilities or families really pull the well they have dementia so how do we know what the truth is? Why is sex even allowed in a MC facility in the first place. If someone is in MC generally it is assumed they lack capacity, if they lack capacity how do they understand what consent is in regards to sex.
How are facilities even ran like this. Generally seems like placing your LO just creates a different set of worries and responsibilities and not does necessarily lessen the load and burden.
“What exactly can they say that could wash always their liability from protecting the residents from harm?”
With more lawyers, I just mean that facilities have years of experience of how to get out of liability. They have thousands of lawyers drafting their papers, to make sure they win future court cases.
Examples of what the facility can say: 1. We did put the necessary safety measures! We can’t prevent everything! We did what we could! 2. Or: She wanted it! Even in her demented state, she wanted it! She didn’t protest against the man. 3. Or:….
You get the drift.
HOWEVER, there are some events in a facility that are SO BAD, that if you can show it happened, there’s no excuse. That means, strict liability. That means the facility can’t say, “But, but…”
It depends on HOW BAD the bad event is.
A never-event. Something that should never have happened. And just the fact that it happened (never mind how it happened), you’re guilty/liable.
I don't know how this is actually handled, but it does happen. One of my instructors shared a story with us about a male CNA who was sexually abusing a female resident. This instructor was on duty during the nightshift and saw the resident with her adult brief around her knees. The culprit heard the RN and left the room. She could never catch him in the act.
I would consult a lawyer if you know that your mother has been assaulted.
It is ashame that our elderly are not safe from people in these facilities.
Not everyone may agree with this, but your post covers a lot of options. ‘Sexual assault’ these days covers a range of activities from rape with physical injuries, to something more like a pat on the breast. Memory care may mean that mother forgot it almost immediately, up to she keeps dwelling on it, particularly if people remind her regularly. Perhaps try to separate mother’s issues from your own reactions. After all, our own reactions don’t go too well on spitting out food in our faces, whatever we think about it.
A while ago I had a difficult meeting with the boss of a respite care facility for young people with mental illness. Mother insisted on a lock on her daughter's door, with which I agreed (I wouldn’t sleep there without a lock). The boss thought I was referring to assaults by a staff member. In fact the concern was other inmates. The obvious answer (there and here) was the ordinary lock for public toilets, lockable on the inside and with a slot on the outside, opened by screwdriver.
Can I just shout out a great, big THANK-YOU! To whoever the poster that is calling out the instigator trying to play devil's advocate on the topic of sexual assault in a memory care facility. You are absolutely right about it just being in bad taste to do so. It is.
I'm pretty sure the person trying to play devil's advocate here is not a lawyer. I truly hope the OP (Terri1959) disregards their legal advice and has a consultation with a actual attorney and talks to the police. If the local police do not have a special crimes division, the state police will. The local police can put the OP in touch with them. ~BC
So what has the facility done about this? Have they filed a police report? Kicked the rapist out of the facility? Or have they done nothing about it? You need to go to the police and make a report today. Now. I don't care if the man has alzheimer's rape is rape. I can't believe the OP is not at the facility raising holy hell about this situation. It sounds like the rapist is still at the mom's facility too.
And for everyone who thinks sex in a memory care facility with dementia and alzheimer's people is OK what is wrong with you?
There can NEVER be consent among either group. Biological instincts can be heightened among the demented and this should never be considered consent. Ever. That is why these facilities need to start having gender segregated wings for sleeping. I am sure they can use new technology to upgrade these facilities to help with the safety of their residents. BUT why bother when they can rake in ALL the profits without having to implement safety protocols to prevent things like this from happening. It is disgusting and happens a lot more than people realize.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
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APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
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APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
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If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
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This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
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You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
When you enter a facility you don’t consent to “maybe getting raped”.
Speak to a lawyer (I think you’ll lose)
Speak to the family of the man (ask them to help you too; ideas how to confront the facility)
Speak to the facility for lack of safety measures
Do facilities or families really pull the well they have dementia so how do we know what the truth is? Why is sex even allowed in a MC facility in the first place. If someone is in MC generally it is assumed they lack capacity, if they lack capacity how do they understand what consent is in regards to sex.
How are facilities even ran like this. Generally seems like placing your LO just creates a different set of worries and responsibilities and not does necessarily lessen the load and burden.
With more lawyers, I just mean that facilities have years of experience of how to get out of liability. They have thousands of lawyers drafting their papers, to make sure they win future court cases.
Examples of what the facility can say:
1. We did put the necessary safety measures! We can’t prevent everything! We did what we could!
2. Or: She wanted it! Even in her demented state, she wanted it! She didn’t protest against the man.
3. Or:….
You get the drift.
HOWEVER,
there are some events in a facility that are SO BAD, that if you can show it happened, there’s no excuse. That means, strict liability. That means the facility can’t say, “But, but…”
It depends on HOW BAD the bad event is.
A never-event. Something that should never have happened. And just the fact that it happened (never mind how it happened), you’re guilty/liable.
I would consult a lawyer if you know that your mother has been assaulted.
It is ashame that our elderly are not safe from people in these facilities.
I think this is probably about the worst and most disgusting things that can be imagined.
The punishment for such a crime should be life in prison for that.
Was your mother taken to the hospital and examined by a doctor?
Were the police called?
Go to the cops then go talk to a lawyer. For your mother's sake and her personal safety, please do both immediately.
A while ago I had a difficult meeting with the boss of a respite care facility for young people with mental illness. Mother insisted on a lock on her daughter's door, with which I agreed (I wouldn’t sleep there without a lock). The boss thought I was referring to assaults by a staff member. In fact the concern was other inmates. The obvious answer (there and here) was the ordinary lock for public toilets, lockable on the inside and with a slot on the outside, opened by screwdriver.
I'm pretty sure the person trying to play devil's advocate here is not a lawyer. I truly hope the OP (Terri1959) disregards their legal advice and has a consultation with a actual attorney and talks to the police. If the local police do not have a special crimes division, the state police will. The local police can put the OP in touch with them.
~BC
https://apps.rainn.org/policy/compare/consent-laws.cfm
and the article "Can People With Dementia Give Consent to Have Sex? Addressing the Ethical Dilemma of Informed Consent"
https://www.verywellhealth.com/should-people-with-dementia-have-sex-4156679
My best to you and your family.
I hope your mother will be ok .
And for everyone who thinks sex in a memory care facility with dementia and alzheimer's people is OK what is wrong with you?
There can NEVER be consent among either group. Biological instincts can be heightened among the demented and this should never be considered consent. Ever. That is why these facilities need to start having gender segregated wings for sleeping. I am sure they can use new technology to upgrade these facilities to help with the safety of their residents. BUT why bother when they can rake in ALL the profits without having to implement safety protocols to prevent things like this from happening. It is disgusting and happens a lot more than people realize.
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