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Abstract: 

A recent study discussing the problem of sexual abuse among residents of assisted living facilities and nursing homes is detailed in this article. The essay raises complex questions such as: Does a geriatric resident with dementia have the legal capacity to commit sexual assault? What duty do staff members have towards protecting residents from one another? How restrictive can staff be with residents they suspect are sexually aggressive? How much sexual autonomy should nursing home residents retain? Can an elderly resident give consent to sexual relations with another resident or a guest?

Keywords: inadequate staff; lack of research; most common perpetrators; sexual disinhibition; cognitive impairment; ageism

Affiliations:  1: New Mexico Supreme Court Law Library.