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Learning that someone sexually abused your loved one in the very place that promised to keep them safe is a devastation few families are ever prepared for. The shock, the anger, and the guilt can be crushing, and the facility that failed them will rarely tell you the truth about what happened. You do not have to carry this alone, nor face that facility on your own. At The Elder Justice Firm, our San Diego nursing home sexual assault lawyers stand with residents and families after abuse by a caregiver, another resident, or a facility that looked the other way, and we fight to hold every responsible party fully accountable.
Call us today at (855)880-4500 for a free, confidential consultation. We handle every case on a contingency basis, so you pay nothing unless we win for you.
Sexual abuse in a care facility can lead to two separate legal actions, and it helps to understand how they differ.
The first is a criminal case. Sexual assault of an elder is a crime under Penal Code Section 368, along with California's sexual battery and rape statutes, and it is prosecuted by the San Diego County District Attorney, not by your family. A criminal case can punish the abuser, but it does not compensate the victim.
The second is a civil case, and that is what our firm handles. A civil claim holds the nursing home financially responsible for allowing the abuse to happen and recovers compensation for the survivor and family. It does not depend on a criminal conviction. A facility can be liable in civil court even when prosecutors never file charges or a jury acquits.
The two tracks often reinforce each other. A police report, a forensic exam, or a district attorney's investigation can produce evidence we use in the civil case, while our civil investigation sometimes uncovers facts that support prosecution.
California law is broad about what counts. Under Welfare and Institutions Code Section 15610.63, California defines 'physical abuse' to include sexual assault, which encompasses sexual battery, rape, sodomy, oral copulation, sexual penetration, and lewd or lascivious acts.
Consent is often the decisive issue. A resident with dementia, a resident who is heavily medicated, or a resident who cannot communicate may be legally unable to consent to any sexual contact. When that is true, the contact is abuse, regardless of how a staff member or the facility later describes it. The question is not whether the resident objected, but whether the resident could consent at all.
Every California nursing home resident has a legal Bill of Rights, including the right to be treated with dignity and the right to be free from abuse. These are not aspirational goals. They are enforceable standards.
California gives residents a direct way to enforce them. Under Health and Safety Code Section 1430(b), a resident of a skilled nursing facility can sue a licensee who violates their rights for up to $500 per violation, along with attorney's fees and injunctive relief. Federal law reinforces the same protections. Under 42 C.F.R. Section 483.10, residents of facilities that accept Medicare or Medicaid have the right to be free from abuse and to live in a safe environment.
When a San Diego facility fails to protect a resident from sexual assault, it often violates several of these rights at once, and each violation strengthens the case against it.
Sexual abuse is among the most hidden forms of elder harm, and the reasons are painful but predictable.
Many residents cannot report what happened. Dementia, stroke, and other conditions may leave a survivor unable to describe the assault or even to understand it. Others stay silent out of shame, fear that no one will believe them, or fear of retaliation from the person who controls their daily care.
Facilities can make it worse. A nursing home that fails to investigate a complaint, quietly reassigns a suspected abuser, or discourages a family from involving the police is protecting itself, not the resident. That is why an independent investigation matters so much. Families are frequently the first, and sometimes the only, people willing to ask hard questions.
A nursing home is rarely a passive bystander to sexual abuse. Most cases trace back to choices the facility made to cut corners. Common failures include:
When a facility's conduct is reckless or malicious, Welfare and Institutions Code Section 15657 allows enhanced remedies, including recovery of the survivor's attorney's fees and, in a survival action, damages for the pain and suffering the resident endured. These provisions exist because the law treats this kind of abuse as far more than ordinary negligence.
Because many survivors cannot testify in detail, these cases are proven with documents and physical proof. The evidence we look for includes:
We move quickly to preserve this evidence because footage is overwritten and records can disappear during routine document cycles.
The time limits in these cases are not uniform, and a single matter can involve more than one.
Claims for sexual assault carry a longer window than most. Under Code of Civil Procedure Section 340.16, an adult survivor generally has up to ten years from the last assault or three years from discovering the injury and its cause, whichever is later.
Related claims can run shorter. General elder abuse and neglect claims typically fall under a two-year deadline set by Code of Civil Procedure Section 335.1, and a wrongful death claim generally must be filed within two years of the death under Code of Civil Procedure Section 377.60. Because these clocks interact, the safest step is to speak with an attorney early.
If you suspect sexual abuse in a San Diego facility, acting quickly protects your loved one and preserves the case. Take these steps:
When you bring your family's case to The Elder Justice Firm, you get an entire team of specialists fighting for you. We focus on one thing: holding negligent care facilities accountable for elder abuse and neglect. That focus has produced more than $200 million in verdicts and settlements for injured residents and the families who love them.
Nursing home corporations and their insurers know our name, and many choose to settle rather than face us at trial. We are not intimidated by large operators or the defense lawyers they hire, and we have the resources, medical experts, and forensic investigators to prove exactly how a facility failed your loved one.
Families across San Diego County come to us because we pair that track record with genuine compassion. Our attorneys bring decades of experience and a reputation recognized in the press, yet we treat every client the way we would want our own parents treated. We answer your questions, keep you informed at every step, and handle everything on a contingency basis, so you never pay a dime unless we recover for you.
Possibly. Sexual assault is a crime that the San Diego District Attorney may prosecute, but that is separate from your civil case against the facility, which we can pursue regardless.
Yes. A civil claim has a lower burden of proof than a criminal case and targets the facility's negligence. No arrest or conviction is required to hold the home responsible.
Consent requires capacity. If your loved one has dementia, is sedated, or cannot communicate, they may be legally unable to consent, making the contact abuse regardless of staff claims.
Yes. Family members may pursue a wrongful death claim, and the estate may bring a survival action for the abuse the resident suffered before death.
We rely on forensic and medical evidence, staffing and surveillance records, gaps in the facility's documentation, prior citations, and expert testimony. A survivor who cannot testify can still win.
Nothing upfront. We handle every San Diego nursing home sexual assault case on contingency, so you pay no fees unless we recover compensation for your family.
Your loved one deserved to be safe, and your family deserves the truth about what happened to them. If someone was sexually assaulted in a San Diego nursing home, the facility is likely far more responsible than it has admitted, and we are ready to prove it. As dedicated San Diego nursing home sexual assault lawyers, The Elder Justice Firm will investigate thoroughly, stand beside your family, and pursue full accountability under California's elder abuse laws. Call us today at (855)880-4500 or contact us for a free, confidential consultation. Every case is handled on a contingency basis, meaning no fees unless we recover for you.
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