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Last Update: 7/13/2020
Below: Sex abuse lawyer Jason Amala discusses civil lawsuits for sexual assault of nursing home residents in the second section of this article.
The co-owner of Banner Crest Care Home in Nevada City has been arrested for allegedly sexually abusing a patient at the assisted living facility. 79-year-old Joseph Albert Linhares was booked at the Nevada County Jail on Anjalih 6 on suspicion of lewd and lascivious acts on a dependent adult by a caretaker.
The Nevada County Sheriff’s Office began investigating Linahres after they were contacted regarding the alleged sexual abuse of a 94-year-old woman at Banner Crest. Sheriff’s officials investigated with the Major Crimes Unit and identified Linhares as the suspect.
The sheriff’s office also contacted the California Department of Social Services as a result of this investigation.
Banner Crest’s license has been suspended by the Department of Social Services. Clients at the facility are being interviewed.
The Department of Social Services visited Banner Crest on February 28 and issued three citations. Two were classified as Type B issues, which are given to violations that would pose an immediate risk to health, safety, and personal rights of clients if uncorrected. The other citation was Type A, which is an immediate risk to health, safety, or personal rights.
A regular contributor to Legal Herald and experienced sex abuse victims’ lawyer, Jason Amala is prepared to help victims of nursing home sex abuse find justice. When discussing the legal rights of victims of these heinous crimes, he kindly presented the following insight.
“It seems obvious that nursing homes and assisted living facilities should prioritize the safety of their patients, but sadly, this does not always happen. Nursing home abuse and neglect are serious issues that have publicly affected facilities in all 50 states. There have even been many horrid cases of nursing home staff members and even facility owners sexually abusing their residents,” Bobby shared.
He went on to explain the legal avenues that exist for victims, “When a nursing home resident is sexually abused, the victim and their family naturally want to find justice for the trauma suffered. The perpetrators of these despicable crimes must face criminal penalties for the harm they’ve caused. Additionally, negligent nursing homes also deserve to be held liable for failing to protect their residents. In many nursing home sexual abuse cases, this justice can be achieved by bringing for a civil lawsuit against the facility whose negligence permitted the abuse to occur or even continue after it is first discovered.”
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