Florida Injury Attorney Blog

In Florida, a 72-year-old nursing home resident at the Rehabilitation Center of St. Petersburg has been charged with molesting another patient. Christopher McDermott was charged with lewd and lascivious battery on a disabled person.

The victim, a 54-year-old woman, has a 5-year-old’s mental capabilities. Nursing home workers had reportedly warned McDermott numerous times not to have any contact with the resident. On the afternoon of April 30, however, McDermott was seen touching the female patient’s breast.

Sexual abuse of any kind, whether between adults or an adult and a child is a crime and a cause of serious personal injury. If your loved one was sexually abused by another nursing home patient, a nursing home worker, or a visitor to the long-term care facility, you may be able to hold both the perpetrator and the nursing home liable for civil damages.

Nursing homes are supposed to take care of residents and protect them from becoming the victims of violent crimes. Failure to provide this care and protection can be grounds for a Florida nursing home neglect lawsuit.

Many elderly and sick nursing home patients have a hard enough time taking care of themselves let alone fending off a sexual assailant. Unfortunately, the victim may be too scared or is unable to voice his or her fears or report the incident.

Signs that a Florida nursing home resident may have been the victim of sexual abuse:
• Sexually transmitted disease
• Bruises on the inner thighs
• Pain or bleeding or itching in the anal or genital areas
• Depression
• Personality changes
• Fear of certain people
• Timid behavior
• Making comments about sexual behavior

Man charged with molesting fellow nursing home resident, TBO.com, May 5, 2009

Elderly Often Unrecognized Victims of Sexual Abuse, Senior Journal, November 9, 2004

Related Web Resources:
National Consumer Voice for Quality Long-Term Care

Nursing Home Guide, AHCA

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In Florida, billionaire Jeffrey Epstein has been named the defendant in another sexual abuse lawsuit. Epstein is serving an 18 month sentence for engaging in sexual acts with minors and soliciting prostitution. This latest sex abuse lawsuit brings the number of lawsuits against the millionaire to nine federal lawsuits and seven state ones. He is now a registered sex offender.

All of the lawsuits accuse Epstein of similar allegations: Epstein brought underage girls to his home in El Brillo Way where he would receive erotic massages and sometimes engage in sex.

In this latest lawsuit, a girl who was 15 when she was recruited for sex acts with Epstein says the billionaire knew how old she was when they engaged in the alleged acts and used his money to take advantage of girls who were economically disadvantaged. Sarah Kellan, Epstein’s assistant and also a defendant in this Florida personal injury lawsuit, is accused of recruiting the girl to attend to the billionaire.

Epstein is a part-time Palm Beach resident. The complaint seeks over $15,000 in damages to cover medical costs and psychological care for the trauma the girl experienced from her involvement with Epstein.

In other sexual abuse lawsuits against Epstein, a woman who says she was 16 when Epstein sexually assaulted her a few years ago is suing the billionaire for over $50 million. In September, two Florida women also sued Epstein for sexually assaulting them when they were minors.

Epstein pleaded guilty in state court to the criminal charges against him as part of the terms of a plea agreement that prevents prosecutors from pursuing him in federal court. Epstein’s lawyers continue to claim that Epstein didn’t know the girls were minors because they lied about how old they were.

Child Sexual Abuse
It is against the law for anyone to sexually abuse or assault another person. If your son or daughter was the victim of sexual abuse, you may be able to file a Florida personal injury claim on his or her behalf.

Sexual abuse not only causes physical harm to the victim, but can also result in lifelong emotional trauma that can lead to eating disorders, suicidal tendencies, depression, problems maintaining intimate relationships, and other issues. A victim may have to undergo costly the therapy and other medical bills in an attempt to recover.

Palm Beach billionaire sued again over underage-sex allegations, Sun-Sentinel, December 5, 2008

Another lawsuit filed against Jeffrey Epstein, WPTV.com, December 4, 2008

Related Web Resources:
Banker Epstein pleads in prostitution case, gets 18 months, Palm Beach, June 30, 2008

Child Sexual Abuse, American Society of Child & Adolescent Psychiatry

In Florida, the Archdiocese of Miami has settled a sexual abuse lawsuit involving a teenage girl. The monetary terms of the agreement are confidential, but, as part of the settlement, the archdiocese issued a public apology to the girl for its role in the “harm caused to her.” The archdiocese also said it would prevent future violations.

The Florida sexual abuse lawsuit, filed against the Miami Archdiocese last year, accuses the then-19-year-old Pinecrest youth minister Anthony B. Ricco of assaulting the girl on several occasions in 2006. Ricco eventually pleaded no contest to nine counts of lewd and lascivious battery on a child between ages 12 and 16, which included his assaults on the girl.

The girl has accused St. Louis Catholic Church Reverend James Fetscher and Senior Youth Minister Paul Herring of failing to protect her and other girls from Ricco, even though other families had filed complaints about his past exploits of sexual misconduct.

Ricco was sentenced to 2 years house arrest and 10 years probation. The girl says that Fetscher and Senior Youth Minister Paul Herring did not do anything to protect the kids from the abuse.

Churches, community groups, and other organizations are supposed to make sure that children or teens placed under their supervision are not put in a situation that could cause them personal injury. Over the past several years, the Catholic Church has come under fire over reports and a slew of sexual abuse lawsuits alleging that it turned a blind eye while knowing that clergy members were sexually abusing children.

Premises Liability
If the owner or manager of a premise or organization could have (or should have) acted to prevent a person from being sexually assaulted, the owner, supervisor, and/or organization can be held liable for personal injury under Florida’s premises liability law.

If you or your child was the victim of sexual abuse, there are legal remedies available to you under the law that could allow you to file a Florida child sexual abuse lawsuit against the perpetrator and any group or organization that could have prevented the abuse from happening.

Miami Archdiocese issues rare apology in sex-abuse case, Miami Herald, October 17, 2008

Miami Archdiocese Apologizes In Sex Abuse Lawsuit, CBS4.com, October 16, 2008

Related Web Resources:

Archdiocese of Miami

Florida Council Against Sexual Violence