Family Settles Suit After Suspected Sexual Assault at Assisted Living Facility

The family of an elderly assisted-living facility resident has settled a civil lawsuit with a man accused and later acquitted of attacking and sexually assaulting the woman. The man has now signed an admission that he committed at least one "act" against the woman, however, he has not admitted to raping the resident.

The family began to suspect that the woman was being sexually abused by the man, whose wife was a close friend of the victim, when a caregiver reported finding the resident shirtless and hiding behind her bathroom door. The 59-year-old woman had early onset dementia and could not explain the situation.

Police briefly investigated but did not file charges. However the family collected the woman's clothing and DNA tests revealed the man's semen was found on her underwear. The family hired an attorney and continued to put pressure on the District Attorney to charge the man with rape. He was charged but acquitted in a jury trial. The family then filed a civil lawsuit against the man.  During the man's civil deposition, he admitted lying to police and his criminal defense attorney.

The man settled the suit just days before the civil trial was to begin. The family believes the settlement speaks for itself. The assisted-living facility also settled with resident's family for an undisclosed amount after the family sued for allowing the man access to the resident without checking in at the facility. For more, read the story.

Robert W. Carter, Jr. is a Virginia attorney whose law practice is dedicated to protecting the rights of the victims of nursing home and assisted living neglect and abuse in Richmond, Roanoke, Norfolk, Lynchburg, Danville, Charlottesville, and across Virginia.

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