A Pennsylvania mental health facility worker, Joseph Rhyanes, was recently sentenced to 9 to 23 months of county jail time after he pleaded guilty to a felony charge of institutional sexual assault. The 44 year old worker was from Philadelphia and worked at a mental health facility in Whitemarsh, PA. He admitted that he had an inappropriate sexual relationship with a 17 year old patient.
An investigation began earlier this year in the summer when the 19 year old victim notified the police. According to the victim, she met Rhyanes when she was 17 years old and a patient at Brooke Glenn Behavioral Hospital. Rhyanes was supposed to be monitoring her during her stay. The victim also said that she had consensual sex with Rhyanes.
PA Institutional Patients & Residents Vulnerable to Sex Abuse
Even though there is no allegation that the worker used force in the above case, the inappropriate relationship is clearly and strictly prohibited by PA law.
Under Pennsylvania law, it is illegal for workers in certain institutions, such as mental health facilities, to have sexual contact with patients or residents. The reason the law exists is because institutional residents and patients are especially vulnerable and are often in a fragile mental state. Institutional workers are supposed to be caring for them and not taking advantage of them.
It was incredibly brave of this institutional patient to step forward to report the abuse. Many victims often do not come forward due to embarrassment, shame and/or fear. Institutional sex abuse victims may also be afraid that no one will believe them because they were in a fragile mental state.
No doubt, victims of sex abuse in PA institutions have legal rights against the direct perpetrator, but do victims have legal rights against the institutions? It depends on the facts and circumstances surrounding the sex abuse.
For instance, if another employee overhears the perpetrator talking to the patient and sees the perpetrator touching her inappropriately, the employee should report the inappropriate behavior to a supervisor. However, the institution did not properly train its employees about patient sex abuse and what they need to do if they suspect a patient is sexually abused by another employee or patient. The employee thinks that maybe she did not really see what she saw and decides not to say anything to anyone. In this situation, the institution may be liable for failing to properly train its employees and not implementing appropriate reporting procedures.
Related: Sex Abuse by Doctors and Medical Professionals – The Culture of Silence
PA Sex Abuse Lawyers
Laffey Bucci D’Andrea Reich & Ryan handles sex abuse cases in the Northeast area with offices in Pennsylvania, New Jersey and New York. Guy D’Andrea and Stewart Ryan always offer free, confidential consultations. The firm has the resources and experience to handle sex abuse cases in all states and welcomes calls from local counsel about potential cases. Call (215) 399-9255.
*Source: www.timesherald.com (Whitemarsh mental health facility worker admits having sex with patient)
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