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00:04
the biggest challenge
00:06
with sexual abuse in nursing home cases
00:09
is finding out what really happened the
00:11
reason for that is twofold one
00:14
the victim of sexual assault in a
00:16
nursing home is often
00:18
someone with severe moderate to severe
00:20
cognitive impairment
00:21
a serious dementia so that
00:25
they have a very compromised ability to
00:27
communicate
00:28
relatedly the nursing homes often
00:32
try to sweep this under the rug and so
00:35
it’s most common that when sexual
00:37
assault occurs the nursing home
00:39
will delay reporting the incident
00:42
to the authorities and that’s a problem
00:45
because by the time the authorities are
00:47
contacted it’s often the case
00:49
it’s too late for the criminal
00:51
authorities to gather
00:53
evidence of the sexual assault it’s also
00:57
they delay reporting this to the family
01:00
so the family is not able
01:02
to speak with their loved one
01:05
close in time to when the sexual assault
01:08
happened
01:09
and relatedly since we often have an
01:13
elder who can’t communicate what
01:16
happened
01:18
and by whom it presents some problems of
01:22
proof with us but again just like our
01:25
other cases
01:26
we can go to documentation and then
01:29
interviewing or deposing witnesses to
01:32
put
01:32
the pieces together even though we don’t
01:34
have the
01:36
type of evidence that say a criminal
01:38
authorities
01:39
would have and what we’ve found is
01:41
although a cognitively impaired elder
01:44
can’t articulate to you how it happened
01:48
and and why and how he or she is feeling
01:51
about this
01:53
but we find that their conduct going
01:56
forward
01:56
will reveal that it happened and the
01:59
serious effect it has had so in those
02:01
cases
02:02
the family members coming in giving very
02:06
compelling testimony
02:07
about what was your mother like
02:10
before the sexual assault happened
02:14
and then how was her behavior and what
02:16
kind of things did she
02:18
say afterwards and we have found that
02:20
when they are
02:21
sexually assaulted not surprisingly
02:24
they will become very combative going
02:27
forward
02:28
very combative particularly with the
02:30
females that have been sexually
02:32
assaulted they’ll be
02:33
they’re not comfortable anymore with
02:35
males
02:36
being around them and we found in one
02:38
case where the elder
02:40
was start confusing the person who
02:42
sexually assaulted it
02:45
with even her husband any males that
02:47
were around her
02:48
she would reach out strike out
02:52
and become very agitated so it has
02:54
life-lasting effects
02:56
but you’ve got to develop it not through
02:58
the victim but
02:59
through often family members who’ve
03:02
observed the conduct
03:04
after the sexual assault
San Diego personal injury attorney Joel R. Bryant talks about the biggest challenges in handling cases involving sexual abuse of an elderly person.