This information on responding when a sexual assault has been witnessed or alleged in residential aged care. It is the first resource of its kind in Australia. We ask that you tailor a plan to the unique needs of each resident. We would value your feedback on how to improve this information (contact details below).
Supporting a resident after sexual assault
When a sexual assault has been witnessed or alleged there are a number of responses that should be undertaken immediately. Here are some suggested responses:
- Start by believing: practice the WHO principles of: listening, assess and respond to needs, how that you believe the victim, discuss how to protect the victim, connect the victim to support services
- Securing the resident safety immediately: take action to ensure resident is safe from further sexual assault by the alleged perpetrator
- Seeking medical attention: ensure the resident receives immediate medical attention - if urgent call 000 to arrange an ambulance, or contact the resident's GP for assessment
- Contacting the Police: the police can gather forensic evidence, determine whether allegations will be pursued and hold perpetrators to account. Police can also make notes about the incident - whether or not the perpetrator is charged
- Reporting to the Serious Incident Response Scheme: all sexual assaults must now be reported to SIRS and reporting as Priority 1 recognises staff aren't legally trained to determine whether an incident is a criminal matter
- Accessing sexual assault services: sexual assault services provide invaluable support and debriefing for residents and their families
- Accessing OPAN aged care advocate: OPAN's aged care advocacy services can provide advocacy for the resident and their family following sexual assault
- Contacting Dementia Behaviour Management Assessment Services: Dementia Support Australia can provide expertise, advice and short-term case management interventions - to help prevent further sexual assault if the perpetrator is a resident with dementia
- Accessing Family Violence Services: these services can assist if a resident is sexually assaulted by a family member
- Making a complaint: residents (and their families) can make a complaint about the sexual assault and the way it was managed to the Aged Care Quality and Safety Commission.
1. Start by believing
Some residents who report sexual assault are not believed by service providers. This happens particularly when the alleged perpetrator is a valued staff member, or the resident has dementia. In these cases, staff may mistakenly dismiss reports of sexual assault as an indication the resident is unwell, or has confused intimate care with sexual assault, or is remembering childhood sexual assault. Practice the World Health Organisation’s LIVES approach to responding to victims of sexual assault:
It is distressing to hear that a resident has been sexually assaulted – but that doesn’t mean it doesn’t happen. The Royal Commission into Quality and Safety in Aged Care estimated there are 50 sexual assaults in residential aged care every week. It is important to start by believing a resident who reports sexual assault. This is a critical first step in supporting the resident and preventing further sexual assaults.
- Listen closely, with empathy, not judging
- Inquire about the victim’s needs and concerns: assess and respond to the victims needs and concerns – emotional, physical, social and practical
- Validate: show the victim you believe and understand them
- Enhance safety: discuss with the victim how to protect them from further harm
- Support: help the victim connect to support services
It is distressing to hear that a resident has been sexually assaulted – but that doesn’t mean it doesn’t happen. The Royal Commission into Quality and Safety in Aged Care estimated there are 50 sexual assaults in residential aged care every week. It is important to start by believing a resident who reports sexual assault. This is a critical first step in supporting the resident and preventing further sexual assaults.
2. Securing the victim's safety
When a sexual assault has been reported, service providers need to take immediate steps to protect the resident and prevent further sexual assault. Check whether the resident would like a support person (such as family) notified.
3. Seeking medical attention
Ensure the resident receives immediate medical attention - if urgent call 000 (triple zero) to arrange an ambulance or contact the resident's GP. The GP will conduct an assessment to determine the physical and psychological impacts on the resident and to identify care plan requirements. If the GP is undertaking forensic examination, please liaise with Police so that the resident does not have to undergo two examinations.
4. Contacting the Police
The Police have a role to play in gathering forensic evidence, determining whether allegations will be pursued and holding perpetrators to account. Contacting the Police can result in police notes being documented - whether or not a perpetrator is charged and convicted. Contact your local police immediately and ask what information they need from you. It may be important that you preserve forensic evidence of the sexual assault. If the police have been contacted, you can maximise the successful collection of forensic evidence by:
Contact your local police immediately and ask what information they need from you. Please note there are specialist police sexual assault squads in Victoria and WA:
- Asking the resident not to wash or shower until Police or forensic team have performed an examination
- Ask the resident to try not to use the toilet
- Do not wash clothing or bedding
Contact your local police immediately and ask what information they need from you. Please note there are specialist police sexual assault squads in Victoria and WA:
5. Reporting to the Serious Incident Response Scheme
All sexual assaults must be reported to the Serious Incident Response Scheme (SIRS); check the Aged Care Quality and Safety Commission's fact sheet on sexual assault for more details (click here). We recommend sexual assaults are a Priority 1 incident, based on the following facts:
- Aged care service providers do not have the skills to determine whether sexual assault is of a 'criminal nature'; this is a matter for the Police and the Courts
- There is a significant body of research that sexual assault has negative physical and psychological impacts on residents (click here). However, this evidence is not understood by many aged care service providers, particularly when the victim has dementia and is not able to articulate the impacts. Assessment of impacts needs to be undertaken by the resident's GP.
6. Accessing Sexual Assault Services
There is a myth that sexual assault and rape have no negative impacts on residents. On the contrary, research clearly shows the devastating physical and psychological impacts of sexual assault. Sexual assault services can provide counselling and support, even if the resident is unable to communicate. Contact your local sexual assault service to see if they can provide face to face or phone counselling, or contact 1800RESPECT, the National Sexual Assault, Domestic Family Violence Counselling Service and ask for the details of your closest service:
- Call: 1800 RESPECT (1800 737 732) any time or web: http://www.1800respect.org.au/
- Additional resources: Margarita is a 20 min film in which a 95 year old woman describes how counselling by a sexual assault service helped her: click here
7. Accessing OPAN's Aged Care Advocates
Residents who have been sexually assaulted have the right to access an aged care advocate to advocate on their behalf. If a resident is unable to engage an advocate, a family member may do that on their behalf. Contact the Older Persons Advocacy Network (OPAN) information and advice line available:
- Call: 1800 700 600 (6am - 10pm, 7 days week) or check the website at: https://opan.com.au/
8. Contacting Dementia Behavior Management Services
If the sexual assault has been perpetrated by a resident with dementia, the Dementia Behaviour Management Support Service (DBMAS) can provide expertise, advice and short-term case management interventions - to help prevent further sexual assault.
- Call Dementia Support Australia on 1800 699 799, available 24/7 to speak with a Dementia Consultant.
9. Accessing Family Violence Services
Some residents are sexually assaulted by family members in residential aged care. Where this occurs it may be useful to engage a Family Violence service. Contact 1800RESPECT, the National Sexual Assault, Domestic Family Violence Counselling Service and ask for the details of your local service
- Call: 1800 RESPECT (1800 737 732) any time or web: http://www.1800respect.org.au/
10. Making a complaint to the Aged Care Quality and Safety Commission
The Aged Care Quality and Safety Commission (ACQSC) can assist residents (or their family members) to make a complaint about sexual assault or the way the service responded to sexual assault. Provide the resident (or family member) with the following contact details for the ACQSC
- Call: 1800 951 822 (9am-5pm, Monday to Friday) or website here: https://www.agedcarequality.gov.au/
Contact us
If you would like more information or have suggestions please contact Dr Catherine Barrett:
- Email: [email protected]
- Call: 0429 582 237
