The prosecutor in the case brought criminal charges of sexual assault against a nursing home nurse’s aide. The nursing home abuse and neglect victim, a 90 year-old nursing home resident, was attacked in October 2003. She suffered a black eye, finger-shaped bruising on her arm and bruises on her inner thighs. An examination indicated that she had been raped and suffered internal injuries. Because the 90 year-old suffers from dementia, she was unable to identify her attacker.
The judge tearfully dismissed the cases stating “I must rule based on law, regardless of how I feel.” The prosecutors were unable to meet the burden of proof.
Earlier this year, the family of the 90 year-old victim reached a settlement in a civil suit against the Alabama nursing home.
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