Yorktown nursing home worker accused of raping dementia patient; elder rights lawyer reacts
The incident was allegedly discovered by a nursing assistant.
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Advocates are reacting after a Yorktown nursing home worker was accused of raping a patient with dementia at the Yorktown Rehabilitation and Nursing Center.
Lindsay Heckler, the managing attorney of the Center for Elder Law and Justice, says she is in shock by the accusations.
Javier Barragan, of Yorktown, faces charges for allegedly raping a dementia patient. Barragan is a housekeeper at the facility.
"This is an abhorrent situation. It never should have happened. It's horrifying," Heckler says.
According to the District Attorney's office, the assault was discovered by a nursing assistant who was making her final rounds for the day. She reported that a door to a room was left open with its privacy curtains drawn.
When she went inside, she heard moaning, pulled the curtains back and saw the alleged assault.
"Every nursing home, when they admit a resident, regardless of their cognitive level or physical needs, they make a legal promise to that individual to uphold their safety...Something as straightforward as, 'Don't allegedly sexually assault a resident,' shouldn't have to be said," Heckler says.
District Attorney officials say the patient's dementia is so severe that she cannot give consent to sexual contact.
Beyond the trauma, Heckler says this incident also affects the staff who work hard to care for their patients.
"When one of their fellow co-workers does this, that's a gut punch," Heckler says.
A spokesperson for the nursing home says they are taking this situation seriously. They say Barragan was removed from the facility immediately and that they are conducting a review of their practices.
In the meantime, Heckler is urging nursing homes to strengthen their background checks.
"We are trusting you to do your job and take care of our loved ones," Heckler says.
Barragan is due back in court on March 10.
