Police: Woman, 75, possibly sexually assaulted in nursing home

Nursing home reportedly refusing investigation

DAYTONA BEACH, Fla. – A possible sex crime that reportedly happened at the Daytona Beach Health and Rehabilitation Center has Daytona Beach police wanting to investigate, but they say the facility is making it difficult.

"A woman that is in the last months of her life could have been attacked, could have been raped, and the nursing home's response to all of this is, 'You're not investigating this,'" said Chief Mike Chitwood.

Police said the possible sex crime involving a 75-year-old terminally ill woman with dementia happened at the nursing home on Third Street in early July.

"A woman who is a four year resident of this facility, for the past month has been complaining about pains in her private area. She also said that she was pregnant and eventually it was discovered that she has an STD," said Chitwood.

The woman's daughter filed a report and police said after two weeks of asking for the nursing home's cooperation they received only a list of 69 employees and visitors, but were told they weren't allowed to speak to any of them.

"The only route we have left is the State Attorney's Office is going to issue them subpoenas and try to bring them in and compel them to cooperate with us, which quite frankly they can tell us to go pound sand again," said Chitwood.

The attorney representing the nursing home said the facility has fully cooperated with the law. The statute requires a subpoena with written notice to any patient whose records they want to review. The same is required to interview caregivers on patient medical issues.

However, Chitwood said they aren't looking for medical records at this time. Investigators only wanted to talk to staff and patients. Instead, he said the facility is hiding behind the technicalities of the law to shield the identity of a potential sexual offender.

"Every day that goes by that they refuse to cooperate and help us try to unravel what occurred, every patient there is in danger," said Chitwood.

One nursing home resident said that all male nurses have since been moved out of the West wing where the reported sex crime happened.

The State Attorney's Office and the Agency for Health Care Administration are also investigating.

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