Awareness campaigns such as the #MeToo Movement have illuminated many areas of sexual abuse. However, sexual assault of patients in psychiatric wards has largely been left out of the conversation. This specific type of sexual assault raises alarming questions about the safety and conditions in our country’s psychiatric facilities and mental health prisons.
Underreporting, lack of data, and inadequate legal enforcement have all contributed to the conditions that allow sexual assault in psychiatric facilities to persist. Recognizing the issue and raising awareness of it are some of the first steps we can take to eradicating these egregious acts.
Legal action also provides strong avenues of change and justice for issues such as this. In some instances, lawsuits can bring about more immediate results and awareness in ways that are faster than legislation or other means.
If you or a loved one have been affected by sexual assault in a psychiatric facility, contact The Pride Law Firm at 619-516-8166. Our firm exists to return power to survivors by providing them with the necessary resources and representation they need to heal, recover, and move forward again.
In a word, lack of reporting and data is perhaps the main reason why sex abuse in psychiatric facilities is so common.
According to statistics from the Rape, Abuse & Incest National Network (RAINN), the majority of sexual assaults are not reported to the police. Only 310 out of every sexual assaults are ever reported to authorities, meaning 2 of 3 incidents go unreported. RAINN cites various reasons for non-reporting, including fear of retaliation and a belief that the police will not do anything.
For sexual assault survivors at psychiatric facilities, failure to report can be even more intensified.
What Prevents Sexual Assault in Mental Health Facilities From Being Reported:
Due to the historical lack of reporting for these types of sexual assault cases, data is severely limited. There is no nation or state-wide requirement for reporting instances of sexual assaults within such facilities.
As a result, we do not have accurate data regarding:
Another note is that patients tend to report sexual assault only when discussing what happened to their support systems. Strong support systems of patients are consistently the reason that they come forward to make a disclosure.
Perpetrators of sex abuse in psychiatric treatment centers generally fall into two categories:
In staff to patient cases, the abuse can occur due to certain dynamics between the staff member and the patient. For instance, the staff member may use their position of authority to intimidate the patient into abusive conduct or situations.
In patient to patient cases, the abuse often occurs in situations where the patients are left alone, such as in a shared room or in a secluded area of the facilities. Inadequate supervision due to understaffing may play a role in these types of cases
Lastly, the abuse can also occur in cases where there is a visitor to the facility. This is especially the case when the visitor is there regularly or for extended periods of time.
All types of abuse are egregious wrongs that often occur under conditions of secrecy, and often involve threats or coercions that prevent the survivor from reporting the incident.
One of the strongest ways to raise awareness of the conditions in such facilities is to hold responsible parties liable through a lawsuit.
While specific persons may be idenitified as the perpetrator in a sexual assault incident at a mental hospital, various other persons can also be held liable or responsible for the overall situation.
For instance, the staff, medical professionals, or security may be found negligent for allowing certain conditions where the abuse can occur.
Such conditions can include:
These types of factors are similar to those found in other situations, such as school assaults, workplace sexual assault or religious sexual assault. In such settings, upper management or leadership may actually contribute to systemic, repeated cycles of assaults, allowing them to exist for years and even decades. Conditions in mental health facilities are also often highly similar to those in rehabilitation facilities.
While there may be scattered policies regarding sexual risk, staffing requirements, and sex-based room seaparations in psychiatric facilities, they can often be ignored and leave patients even more vulnerable to attacks.
The bottom line is that mental health patients are not to blame when they are sexually assaulted — it is our job as attorneys to investigate the circumstances and bring the liable parties to light so justice can be served. In doing so, further instances of assault can be prevented, and entire structures of abuse dismantled.
Sexual assault in psychiatric hospitals and faciliites is an
If you have been a victim of sexual assault, child sexual abuse, or workplace sexual harassment we are here to answer your questions, provide a free and confidential case evaluation, and connect you to resources. By contacting us, you consent to receive marketing communications and other advertisements from Pride Law Firm.
The Pride Law Firm
2831 Camino Del Rio S., Suite 104
San Diego, CA 92108
Hours. M-F 8:30am - 5:00pm PST
Fax. (619) 785-3414