Article Updated: March 7, 2022
Compensation After Being Sexually Assaulted
As a lawyer who helps victims who have suffered sexual assault, and after having listed to my sexual assault clients in tears, I know there is no amount of money that can fairly compensation you after being sexually assaulted.
But you deserve justice, and in the civil system, that justice for sexual assault victims is monetary compensation. Below, I broach this issue for you. If you’d like a confidential, and free, consultation with me or one of the female members of my team, please contact me day or night.
Clickable Table of Contents
Sexual Assault Compensation
7 – About the Author
Victims Of Sexual Assault
Schools, jobs and nursing homes are meant to be safe places for people where they can work, retire or make a living within.
For many elderly individuals, students and regular employees, instead of safety, there is often the risk of sexual assault.
If this has happened to you or someone you love then you are potentially eligible for compensation after being sexually assaulted.
Sexual assault is any non-consensual behavior that is forced onto another individual. These assaults can take place against men, women, the young or the old.
This intentional and violent attack can include many acts including unwanted sexual contact, attempted rape or actual rape, taking photographs or using explicit language in a hostile manner.
Any number of these actions can qualify as sexual assault and can qualify you for financial compensation.
What Counts As Sexual Assault
Sexual assault as a term covers a number of actions. Molestation, unwelcome sexual contact and physical acts of sexual abuse all count as sexual assault.
Sexual assault in a nursing home setting does not always mean a nurse committing the act against a resident.
One of the most frequent kinds of sexual assault in a nursing home setting is molestation which happens in over 50% of cases of sexual assault. Another common act is unwelcome sexual interest in the body of which happens in over 20% of sexual assault cases.
Ultimately, what counts as sexual assault is any unwanted, unsanctioned sexual interest or contact in an individual by another individual.
The same can be said of sexual assault on the job or in a school. The perpetrator can be a visitor, a client or your own boss or teacher.
Who Does Elder Sexual Abuse Harm?
When an individual is sexually assaulted many people are impacted and hurt. The victim themself is the first and major person who is impacted by a sexual assault.
The repercussions of a sexual assault can be physical, emotional and psychological in nature.
The victim is not the only person hurt as the family of the victim will also be impacted. The stress of having a family member who is defenseless be sexually assaulted can leave you feeling guilty, traumatized and like a victim as well.
Elder sexual assault also affects both men and women, but women are at a much higher risk with 1 in 5 women being at risk of sexual assault over the course of their lives, compared to 1 in 71 men.
Sexual assault impacts women across every age group:
◊ 15 % of women between 12-17 will be victims of sexual assault
◊ 54% of women between 18-34 will be victims of sexual assault
◊ 28% of women between 35-64 will be victims of sexual assault
◊ 3% of women between 65+ will be victims of sexual assault
Another group majorly impacted by sexual assault are those with debilitating illnesses. Individuals who are disabled and those with cognitive decline like dementia or Alzheimer’s are also at a higher risk of being sexually assaulted in their lifetime.
How Common Is Sexual Abuse Against The Elderly?
Sexual abuse against the elderly is a growing problem and many men and women in care homes will face assault in their lifetimes.
According to the World Health Organization nursing home staff themselves admit to abuse and neglect against care home residents with over 30% admitting to emotional abuse alone.
Every year thousands of individuals are sexually assaulted in nursing homes and even more are sexually assaulted in non-assisted care living settings.
A major problem with sexual assault against the elderly is that they are frequently voiceless and cannot defend themselves or even verbalize to their loved ones that they are in need of help.
This can mean that the actual frequency of sexual assault against the elderly is not fully known.
What Is Nursing Home Sexual Abuse Compensation?
Compensation after being sexually assaulted is the bare minimum that can be done to help alleviate the pain and suffering that you and your loved one goes through in a case of assault.
Sexual abuse compensation is the monetary payout that you are given by those responsible for the sexual assault, which can include those in charge of a facility your loved one was staying and those who specifically conducted the assault.
This compensation can help recover three major areas:
◊ Pain and Suffering
◊ Medical Bills
◊ Wrongful Death
Any additional details about your specific case, like how it impacted you as the victim’s family- like missing work- can also be areas of for additional compensation.
Who Gets Compensated In Nursing Home Sexual Assault Cases?
Two major groups are compensated in the case of sexual assault. The first is the victim themselves who will be compensated for the pain and trauma that they will have gone through.
The victim of sexual assault will have feelings of sadness, grief, anger and will need medical care for both physical and non-physical trauma that they sustain.
A second group that can be compensated in cases of sexual assault is the family of the victim who will also be impacted.
When you place your family member into a long-term care facility, or have a nurse come and take care of them in any setting, you expect there will be safety and medical care.
When the unthinkable happens and your loved one is sexually assaulted you as the family will also be impacted emotionally and financially.
From missing out on work to stay home to help your loved one recover from their assault, to medical bills that will be incurred in their care, you can receive compensation as the family of the victim.What Impacts Compensation After Being Sexually Assaulted
While each sexual assault case is unique, there are some shared aspects that can be found in many instances of assault.
The location of the sexual assault can have an impact on the compensation. If the sexual assault for example happened in an assisted living facility there is the potential to hold accountable the people who committed the assault and the facility itself.
The extent and impact of the assault can also influence the compensation value of your sexual assault case.
Some sexual assault is more violent than others and can result in serious physical damage and harm to the victim.
In severe cases of sexual assault death is also a possibility. Studies have shown that severe cases death is a frequent result of sexual assault cases in nursing homes.
Cases where death is the result of the assault, compensation amounts will be much higher as this has a major impact on the case in converting it to a wrongful death case.
Compensation After Being Sexually Assaulted
Compensation after being sexually assaulted may not be the first thing on your mind as you navigate the traumatic situation you are placed in.
This compensation cannot undo or erase the experience you have been through but it can at a minimum help you address the additional costs and suffering that you have gone through.
As a victim of sexual assault you may be able to recover compensation for:
◊ Medical Bills
◊ Pain & Suffering
◊ The Need For Therapy
◊ Punitive Damages
Average Compensation Values For Nursing Home Sexual Assault
Average sexual assault compensation values can vary greatly from amounts from $75,000 to as high as $1,000,000 and more.
The details of who committed the act, how severe the act was and what setting it took place in will all affect the compensation value.
Some cases as shown below highlight the vast range of payouts that can take place:
◊ $98,000 (MD): A 57 year old woman was sexually assaulted while she was getting physical therapy after an accident.
◊ $150,000 (PA): Compensation was given when a 92 year old man had his genitals photographed against his will by a home care worker who was helping him to shower.
◊$195,000 (NY): A 72-year-old female with Alzheimer’s was sexually assaulted while living in a nursing home. The assault was witnessed but not immediately reported to the police.
◊$450,000 (MN): An 81-year-old female with Alzheimer’s disease was traumatized when a guest to a nursing home sexually assaulted her. This male guest had shown aggression towards this same female resident before and the plaintiff accused the defendant of failing to provide a safe environment for residents.
◊$850,000 (TX): A 69-year-old female with dementia was sexually assaulted by a nurse’s assistant while a patient in a nursing home. The victim stated that she was fondled by the employee and that the nursing home had failed to identify that this employee had a past criminal history of child abuse.
Average Compensation Values For Sexual Assault On The Job
◊ $167,500: Female employee at an office was sexually harassed and assaulted by a coworker which she reported on more than one occasion.
◊ $122,000: Male employee of an accounting company was sexually assaulted on 2 occasions by his supervisor. The investigation into the supervisor found a pattern of assault and intimidation against multiple other employees.
Average Compensation Values For Sexual Assault At School
Another place you may feel you or your loved one is safe is a classroom. Despite this belief that they should be safe many students in primary school as well as in college classrooms are sexually assaulted every year.
◊ $1,050,000 (PA): Victims of a university’s on campus physician sexually assaulted students over the course of many decades. Victims were left traumatized and in need of long-term mental health assistance.
◊ $1,500,000 (MI): A university gymnastics doctor sexually abused and assaulted over 330 victims over the course of their career.
◊$249,000 (OH): 232 students at an Ohio university were sexually assaulted between 1979-1996. Nearly 200 of the victims were young male athletes who were abused under the guise of medical exams.
Many cases of sexual assault and abuse against students take place every single year. Already in 2022 cases of sexual assault and attempted sexual assault have taken place across the country as teachers in trusted positions attempted to harm students under their care.
Maximizing Your Sexual Assault Compensation
Maximizing your sexual assault compensation will require you to work with an experienced sexual assault attorney and to make sure you work fast to collect as much evidence as possible.
Moving fast means getting yourself or your loved one to a medical office to have the assault documented with notes and photographs if possible.
Any witnesses to the event also should be spoken to and statements gotten from them as to what they witnessed.
Showing and documenting all incurred medical costs, appointments and impacts of the sexual assault will also help to ensure your sexual assault compensation value is fair.
The record and employment practices of the nursing home in question will also be valuable information for your case as it can show a pattern of neglect and diligence in protecting residents.
Sexual Assault Compensation Q&A
What counts as sexual assault?
Sexual assault is any unwanted contact between a victim and a perpetrator. Examples of sexual assault are rape, being touched in a non-consensual manner, or having photographs taken of your body in a sexual manner without your consent.
how much compensation for sexually abused victims?
Average compensation amounts for sexual assault can vary from $75,000-$1,000,000+ and the exact amount will depend on how harmed you or your loved one became during the assault.
Who is able to get compensation in cases of sexual assault?
Those who have been sexually assaulted as well as the families of victims can both be compensated in the case of sexual assault.
Who is more likely to be the victim of sexual assault?
Women as well as the disabled and those with cognitive impairments are often at higher risk of being sexually assaulted.
How Common are sexual assault cases?
Sexual assault is a common occurrence and every year it takes place in schools, on the job as well as in nursing home communities.
Are men also victims of sexual assault?
While women are sexually assaulted at a higher rate than men, this does not mean that men are not also often victimized. Men can and are frequently victims of sexual assault, especially as students and in older age.
Getting Help With Your Sexual Assault Compensation
Sexual assaults are stressful for victims and their families and getting compensated will not be easy. Help from an experienced attorney can help the process move along more smoothly and ensure that you get the compensation payout that you deserve.
Importantly, holding the bad actors accountable lets them know you are strong, will not let them get away with it, empowers you, and helps deter the bad actor from sexually assaulting other potential victims.
Reza Davani, Esq.
State Bar No.: 1212110211
Federal Bar No.: 30168
Supporting Literature, Citations & Resources:
Zuckerman, J. (2022). ‘Mendacity:’ Ohio State doc’s sex abuse victims mount appeal of lawsuit dismissal. Ohio Capital Journal.
Teaster, P. B., Ramsey-Klawsnik, H., Abner, E. L., & Kim, S. (2015). The sexual victimization of older women living in nursing homes. Journal of elder abuse & neglect, 27(4-5), 392-409.
Iversen, M. H., Kilvik, A., & Malmedal, W. (2015). Sexual abuse of older residents in nursing homes: A focus group interview of nursing home staff. Nursing research and practice, 2015.
Smith, D., Bugeja, L., Cunningham, N., & Ibrahim, J. E. (2018). A systematic review of sexual assaults in nursing homes. The Gerontologist, 58(6), e369-e383.
Burgess, A. W., Prentky, R. A., & Dowdell, E. B. (2000). Sexual predators in nursing homes. Journal of psychosocial nursing and mental health services, 38(8), 26-35.
Rosen, T., Lachs, M. S., & Pillemer, K. (2010). Sexual aggression between residents in nursing homes: literature synthesis of an underrecognized problem. Journal of the American Geriatrics Society, 58(10), 1970-1979.
Stanwood, C. (2021). Authorities arrest Oklahoma teacher accused of sexually assaulting her student. ABC News 5.
About the Author
This nursing home and medical malpractice article was written by Baltimore, Maryland nursing home attorney Reza Davani, Esquire. Mr. Davani received his Juris Doctor degree from a Tier 1 law school, the University of Maryland Francs King Carey School of Law. He received his first license to practice law from the State of Maryland’s Court of Appeals (MD State License No. 1212110211), and just four months later received a federal law license from the United States District Court for the District of Maryland (Federal License No. 30168).
Mr. Davani has been practicing law for over 10 years. He began practicing law by helping clients as a sanctioned student lawyer before receiving his law license, and second chaired his first jury trial in federal court before even graduating law school. He is a registered member of the Maryland Association for Justice (MAJ), the American Bar Association (ABA), the American Association for Justice (AAJ), and was formerly on the MAJ’s Legislative Leader’s Circle.
Mr. Davani has taken over 20 cases to trial in state and federal court, and favorably settled well over 100 cases for injured victims. He has personally helped his clients recover over $15,000,000 in personal injury, medical malpractice, and nursing home abuse settlements and verdicts in Maryland and other states. He is dedicated to fighting for justice, and welcomes the opportunity to help you.
Sexual Assault Lawyer Near You in Baltimore, Maryland & Beyond
I can help you anywhere in Maryland, including Allegany County, Anne Arundel County, Baltimore City, Baltimore County, Carroll County, Calvert County, Caroline County, Cecil County, Charles County, Dorchester County, Frederick County, Garrett County, Harford County, Howard County, Kent County, Montgomery County, Prince George’s County, Queen Anne’s County, Somerset County, St. Mary’s County, Talbot County, Washington County, Wicomico County, and Worcester County.
I have helped clients in over a dozen jurisdictions, including California, Delaware, District of Columbia, Georgia, Illinois, Iowa, Massachusetts, Maryland, Mississippi, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, South Carolina, Washington, and Virginia.
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