Former Nurse's Aide Pleads Guilty to Sexually Assaulting 70-year-old Resident

A man charged with second degree rape has reached a plea agreement. The 49-year-old former nursing aide  pleaded guilty Monday morning in Superior Court to indecent liberties in exchange for dismissal of the two rape charges.

Investigators say the former aide took advantage of a 70-year-old nursing home patient. The patient however, told police their relationship was consensual. Prosecutors are not satisfied, they said someone who is physically helpless, mentally incapacitated, a frail elder or a vulnerable adult is not capable of consenting to sexual contact.

The incidents are alleged to have happened in December of 2009. The prosecutor on the case says the defense is seeking a special sex offender sentencing so that the man will be evaluated before a sentencing date is set. The state Nursing Assistant Program has permanently revoked the man's credentials. 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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