Family says 96-year-old grandmother sexually assaulted in East Chicago nursing home
CHICAGO (CBS) -- A woman is fighting for justice after she said her 96-year-old grandmother was sexually assaulted by another resident in an East Chicago, Indiana, nursing home.
The accused is a registered sex offender, and nearly two weeks after the incident, police said he's still living there.
CBS 2's Suzanne Le Mignot reports that the details are tough to hear but essential for the safety of people in nursing homes.
Ruth Reed has lived at Harbor Health & Rehab for two years. Her granddaughter, who has power of attorney for her grandmother, said it's OK to use her name because she wants her grandmother's story told.
"It has torn me apart. My grandmother doesn't deserve this!" said Gloriatte Evans-Dumas as she fought back tears.
According to a police report taken on Sept. 2, a nurse told police she witnessed a 90-year-old resident with his shirt unbuttoned inside Reed's room while his hand was on her breast.
"Now, I cannot seem to trust you all with her total care," said Evans-Dumas.
When police were called and questioned the 90-year-old male resident, he told police, "I am dumb. I messed up."
He also told police he touched Reed's breast while she was clothed, adding, "She never said no or to stop."
Reed has dementia.
"It was a shock. I was angry. I was mad. I was upset. This shouldn't have to occur with someone that's 96 years of age," Evans-Dumas said. "She cannot take care of herself. She can't give you authorization to touch her body!"
When police ran the man's name, they learned he was a sex offender and was on probation. CBS 2 is not naming the man because he has yet to be arrested or charged with a crime in this case.
"I want this man arrested," Evans-Dumas said.
Reed turned 96 in August. Her granddaughter said she won't stop until she gets justice for the woman who dedicated 40 years of her life working at a dry cleaner and spent every Sunday going to church.
"This is so heart-wrenching. I feel like I have been betrayed by the system," said Evans-Dumas.
CBS 2 searched and found a second sex offender living at Harbor Health & Rehab. Evans-Dumas said she asked an administrator if the facility has a policy in place to notify residents and their families that sex offenders are also living at the facility. Evans-Dumas said she was told no.
"I was very disgusted by her answer," she said.
The man in question is labeled a "sexually violent predator," which, according to Indiana law, means someone with a mental abnormality or personality disorder.
CBS 2 wanted to know if the facility had a comprehensive care plan for him, which is required by law for persons with mental illness in nursing homes.
In response to this story, Harbor Health & Rehab told CBS 2 in a statement:
"We promptly reported the incident to state and local authorities in full compliance with Indiana regulations, initiating a comprehensive investigation."
The facility wouldn't confirm if there is a policy or plan in place.
Police said to their knowledge, the man is still living at the facility. Police are still waiting to speak to two other witnesses who have come forward as the investigation continues.
An attorney for the family said they'll file a lawsuit on Thursday and hold a news conference.
Harbor Health & Rehab's complete statement:
"Resident and staff safety is our top priority, and our organization follows local and state regulations. We promptly reported the incident to state and local authorities in full compliance with Indiana regulations, initiating a comprehensive investigation. To respect our residents' privacy, we are unable to provide additional information without compromising the confidentiality of individual residents. Our commitment to providing residents with a safe and secure environment remains unwavering. We are working diligently with the state, and our staff continues to focus on maintaining quality standards of care."
The facility did not answer any of CBS 2's specific questions about safety and their policy in their statement.