Nursing Home Resident Sexually Assaults Another Resident

One resident takes advantage of another resident by sexually assaulting her at the Maple Farm Nursing Center.

An article on the LancasterOnline reports that a resident at the Maple Farm Nursing Center, 604 Oak St., Akron, Pennsylvania has been charged with sexually assaulting another resident. The article states that the nursing home is going to pay near $6 million to the family of a woman who was the victim of the assault.

According to the article:

Two of the women’s relatives filed the civil suit against Garden Spot Village and Glenn Hershey regarding the 2013 assault at Maple Farm Nursing Center.

Hershey was convicted in 2014 for sexually assaulting the 86-year-old woman, who had Alzheimer’s disease and dementia, on Jan. 20, 2013.

Hershey was sentenced to 8 to 20 years in prison. The woman has since died.

Nursing homes have to be aware of the risk of sexual assault of a resident by another resident, and help identify and prevent it.   When one resident is unable to protect herself from sexual assault—physically or mentally—they may be an easy target for sexual abuse.  Sometimes the assailant resident himself suffers from violent or sexual dementia or other mental issues making assault more likely.  Nursing homes have to be aware of resident needs, weaknesses, and risks of being assaulted or committing an assault.

Resident was a Sexual Offender

In a follow-up article in the Legal Intelegencer, they report that:

Brace was suffering from worsening dementia when defendant Glenn Hershey, who was 20 years younger than her, sexually assaulted her. Hershey subsequently pleaded guilty to involuntary deviate sexual intercourse and was sentenced to eight to 20 years in prison.

The memo contended that Hershey, who had cerebral palsy, had targeted Brace because of her dementia, and that the nursing home facility knew he was a registered sex offender who had previously been convicted of rape. The memo also said Hershey had threatened to rape a caregiver at the facility, and cited concerns the facility’s staff raised about Hershey’s sexually aggressive behavior toward Brace prior to the assault. Reports from the staff, the memo said, also showed that the facility was aware the two were in a relationship, but that staffers did not believe Brace had the capacity to consent.

It is important to remember that elder sexual abuse perpetrators may target the elderly because they are unable to fight back from frailty, cognitive limitations, inability to speak, or the likelihood they may not be taken seriously if they report the assault.

In this case, the nursing home failed to protect this poor woman from a man they knew was a sexual offender who had been convicted of rape. According to the article, there was mention of the two being in a relationship but that the victim had dementia and could not consent.

Signs of Sexual Assault in Elderly Victims

Loved ones need to pay close attention to the cues of nursing home residents, especially if they cannot talk or lack the mental capacity to fully communicate.

Common signs of sexual abuse include:

• New troubles with walking or standing, not explained by medical conditions
• Bruising, scratches, or rashes on arms, inner thighs, breasts, or other areas
• Genital bleeding, infection, or irritation, of the vagina or rectum
• Genital scarring or abrasions
• Being diagnosed with a sexually transmitted disease / STD
• Torn, stained, or bloody underclothing
• New panic, fear, or anxiety, especially around particular residents or staff
• Social withdrawal, such as from activities or groups
• Embarrassment and humiliation
• Depression, anxiety, paranoia
• Resentment and anger
• Sleeping problems

Nursing Home Liability

When a nursing home employee sexually assaults a resident or it is a resident on resident assault, the administration contacts their insurance company / risk management people, who call a defense lawyer, and they prepare the standard “we’re so sorry, but don’t blame us” defense.  Why?  Because many states will allow nursing homes to argue they should not be responsible for an employee’s assault of a resident.

In this case, the nursing home released memos describing the “relationship” between the residents and their policy. The article in the Legal Intelligencer states that:

The memo further said the facility failed to adhere to its policies against allowing the two to be unsupervised in a room together.

In its pretrial memo, the nursing home noted that it screened Hershey before allowing him to live at the nursing home, that Brace ate better and was much happier after her relationship with Hershey began, that the staff monitored the two, and that it was determined Hershey was not capable of hurting, or forcing himself on any other resident at the facility.

Clearly, they were wrong. They violated their own policy to the detriment of a helpless victim. Policies like these are in place to protect residents who are not able to consent.

If you or a loved one has been the victim a of non-consensual relationship, please feel free to contact me though this confidential form here. It is important that you also contact the police. Sexual assault is a crime. I can investigate your case and determine if the nursing home was negligent. I want to help you and your family.

You can access the articles mentioned above here and here.