A 49-year-old man accused of committing a lewd act on a disabled patient will not spend any time in jail and will not have to register on the Florida Sex Offender Registry. The man was originally charged with lewd and lascivious molestation upon a disabled person, but pleaded no contest to committing an unnatural and lascivious act and battery -- both misdemeanor charges.
According to court record, the 49-year-old defendant groped the 55-year-old woman, tried undressing her and performed a sex act on himself. The woman had been admitted to the hospital for a mental evaluation. The court records said that the woman was "under severe mental and physical disability and therefore she was an extremely vulnerable patient."
As part of the plea deal, the man will serve a year on probation, submit his DNA to the court, undergo a psycho-sexual evaluation and will not be allowed to volunteer or work in nursing homes or hospitals. The man's nursing license was under an emergency restriction since last October, placed there by the Florida surgeon general. That restriction meant that he could not interact with female patients. The hospital, however, said that at the time the restriction was issued, the man was no longer employed there.
A legal analyst for a local news station said that the prosecution must have had problems with the case since they severely reduced the charges.
The victim has filed a civil lawsuit against the man.
When any patient is subjected to abuse such as this, he or she has a right to seek compensation. The defendants named in such a case can vary from the employee to a supervisor to the hospital itself. An attorney can help you understand more about how this type of case is pursued.
Source: WFTV.com, "Former nurse accused of lewd act involving patient avoids jail, sex offender registry with plea deal," Angela Jacobs, April 03, 2017