The Peterborough Police Department will not pursue criminal charges against an elderly RiverMead resident who a teen nursing assistant claims sexually assaulted her while she worked there during the summer, but the girl’s parents have filed a charge of discrimination on her behalf.
The complaint was filed in late June, according to Peterborough Police Sgt. Chris Martin, who completed his report Nov. 21. The report confirms that a teenaged licensed nursing assistant (LNA) reported being groped by a RiverMead resident who currently lives in the Memory Support Unit.
The now 17-year-old who filed the complaint said the incident happened on her first day working as an LNA on June 2. After entering the RiverMead resident’s room with another LNA, she said the man began making sexual comments.
“[The other nurse and I] had both asked him to stop making those comments,” the teen said, adding that when the other LNA left the room, the resident grabbed her breasts and buttocks and then stuck his hands down her pants. Following the incident, she said she was told by RiverMead management she wouldn’t be placed in the man’s room again.
According to the police report, RiverMead Health Center Director Meghan Cook said the resident has a history of being “verbally aggressive” and of “groping nurses.”
“Cook acknowledged that [the resident] has been a problem, and as far as she is aware, has no cognitive issues,” the report states.
According to the report, the other LNA in the room said she entered the room with the teen on the day of the incident and that she was aware of the resident’s history of sexual aggression. The other LNA stated in the report: “He does that to everyone.”
Under New Hampshire law, sexual assault is defined as “the intentional touching whether directly, through clothing, or otherwise, of the victim’s or actor’s sexual or intimate parts, including emissions, tongue, anus, breasts, and buttocks. Sexual contact includes only that aforementioned conduct which can be reasonably construed as being for the purpose of sexual arousal or gratification or the humiliation of the person being touched.”
In an interview with a therapist at the Child Advocacy Center of Hillsborough County North in July, the teen informed the interviewer that she was sexually assaulted while at work.
“I spoke with my parents and they left it up to me. They didn’t want to pressure me,” the girl said in an interview with the Ledger-Transcript. “I thought about it and decided to take that course.”
The police report states that the RiverMead resident’s attorney, Joshua Nault of David Craig and Associates in Boston, believed the resident did have “some severe cognitive impairment,” and explained that it was his belief that RiverMead’s position that the resident was competent was “self-serving,” as they were attempting to have him transferred to a different facility.
RiverMead CEO Lara Shea would not comment on the specific location of the resident at the facility but did say the resident is in the same care setting that he was in June. Shea also said that after being investigated, the resident has been found to have both behavioral and cognitive impairments but she would not comment on what those were.
“Unfortunately, these incidents do happen and health care workers are exposed,” Shea said, adding that she believes it is good to make the public aware of the difficult situations health care workers go through. “Sometimes they are the victim of these types of incidents.”
Shea said staff at RiverMead receive training and support, which includes staff counseling, and that two staff members are required to be in a room where a resident has exhibited “expected behavior,” but that incidents happen “more than one wishes.”
Martin states in his report that due to the resident’s physical and mental condition, and statements made by the other LNA present — the only other witness to the incident — who said “she did not see [the resident] do anything but ‘touch and rub her co-worker on the arm,’ ” that it was his opinion the Peterborough Police Department would not be able to meet the burden of probable cause.
“Therefore, it is my recommendation that this case be closed without charges,” Martin stated.
Martin informed the resident’s daughter and attorney that he didn’t “believe there was any criminal culpability,” and that neither the Peterborough Police Department nor the police prosecutor would be pursuing criminal charges.
The teen’s mother said her daughter has been diagnosed with PTSD and depression and that she and her husband have pursued a charge of discrimination with the New Hampshire Commission of Human Rights. That charge states the teen resigned her position because she felt the work environment was emotionally unsafe. It also states she was subject to “scrutiny and criticism from other staff members,” including one who said she should have remained “quiet.” The girl’s mother said she is considering filing a lawsuit alleging harassment.
“As to the question of severe cognitive decline… I’m not buying it,” the teen’s mother said. “Why did they say it was behavioral?”
Following the report of assault in June, the teen said she was questioned about what had happened by people at work.
“People began telling me about his past,” she said, adding that her goal after graduating from high school is to become a registered nurse. “They didn’t support me like they said they would. It has put a damper on how think about [nursing]. [RiverMead] seems to be just protecting their interests.”
RiverMead is a not-for-profit continuing-care retirement community, which according to its website “advocates for an enriched lifestyle with cultural and educational opportunities” and includes 40 cottages, 24 villas and 117 apartments on 90 acres.