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Massachusetts Nursing Home Negligence?: Level 3 Sex Offenders are Working and Living in Assisted Living Facilities

According to WCVBTV 5, there are level 3 sex offenders living and working in Massachusetts nursing homes. This category of sex offender is considered the most dangerous. They can be at risk of reoffending.

The idea that sexual offenders who are likely to strike again are living with other nursing home patients or providing them with nursing care is very disturbing to our Boston nursing home neglect and abuse lawyers. Their presence is a danger to the other residents, who risk becoming the victims of sexual assault, rape, molestation, uninvited fondling, harassment, and other sexually inappropriate behavior.

According to Team 5, there are two level 3 sex offenders living at the Old Soldier’s Home, a Chelsea nursing home. While the two men reportedly have not reoffended, A Perfect Cause, an organization committed to protecting nursing home residents throughout the US, says it has documented over 60 incidents of sexual and physical assault committed by molesters against nursing home residents.

In 2005, John Enos, a 69-year-old level 3 sex offender and nursing home patient in a wheelchair, allegedly raped his 90-year-old roommate. Prior to the incident, Enos had sexually assaulted his 9-year-old daughter. He died before he could be tried over the nursing home sexual assault.

Although it is illegal in Massachusetts for level 3 sex offenders to “knowingly and willingly” reside in nursing homes, the statute provides a loophole. Also, nursing homes don’t’ have to notify anyone that there is a level 3 sex offender working or living at the assisted living facility.

Boston, Massachusetts Nursing Home Negligence
Not only is it the responsibility for Boston nursing homes to provide the proper nursing and medical care to residents, but they must also protect their residents from becoming the victims of any type of crime. This means ensuring that prospective nursing home workers and patients do not have histories that could make them likely to abuse or neglect other residents. Also, any nursing home patients with violent physical or sexual histories must be kept away from other residents.

Sex Predators Live, Work Inside Local Nursing Homes, WCVB TV, February 18, 2010
Information for Sex Offenders, Mass.gov

Related Web Resources:
Commonwealth of Massachusetts Sex Offender Registry

Massachusetts Department of Public Health

A Perfect Cause

Please contact our Boston nursing home abuse and neglect law firm to discuss your case. Your first consultation with Altman & Altman LLP is free.