The Call from the Police: Two Decisions Nobody Prepares You For
Staff found it, stopped it, and called the police. The facility evicted the other resident within a day. Everyone did their job, and it still happened — and then the decisions started.
Key takeaways
- A staff member found it, stopped it, and called police. The facility evicted the other resident within a day. This was not a negligence story, and those are the harder ones to write.
- Two decisions arrive within hours: whether to permit a forensic exam, and whether to press charges against another person with dementia.
- There is essentially no published guidance for either. The DOJ protocol defers to state law, and state law frequently does not address adults who cannot consent.
- Declining evidence collection is not declining medical care. Ask for injury, infection and pain assessment regardless.
- Restoration of competency is not possible in progressive dementia, and a record of violence — even without conviction — can close every long-term care door.
- 22.5% of memory care residents were involved in resident-to-resident aggression in a single month in a 2024 JAMA Network Open study, against 10.3% elsewhere in the same buildings.
- Call the long-term care ombudsman and the state licensing agency whatever you decide about charges. Those systems run independently of the police.
The call
The police called and asked me to come to the hospital.
A staff member had walked into my wife's room in her memory care unit, found what was happening, stopped it, and called the police. The other person was a resident of the same unit. He had dementia too.
By the time I got to the hospital, a nurse and a doctor were trying to explain what they knew and what they did not. Lori was stage 5 to 6. Her short-term memory was gone. She did not know what had happened to her, and within minutes of it ending she no longer knew that anything had.
Over the next few hours I made two decisions I had never heard anyone discuss. I have since gone looking, and there is essentially no published guidance for either one.
Nobody failed. It happened anyway.
A staff member found it and stopped it. Police were called within the hour. The facility evicted the other resident, and his caregiver removed him the next day; he was supervised until he left.
Everyone involved did their job.
That is why I am writing this instead of a story about a bad facility. Stories about bad facilities are easier to read, because they end with something you can act on — choose better, watch closer, ask harder questions. Ours does not end that way. There was no lapse to point at. There was a locked unit with staff walking the halls, and it happened inside it.
What that means is uncomfortable and worth knowing before you need it. Resident-to-resident aggression in memory care is not primarily a story about negligence. It is a foreseeable consequence of housing people together who have lost impulse control, lost the ability to read a situation, lost the words to object, and cannot hold onto a rule. It can be reduced. It cannot be reliably prevented by choosing a nicer building.
None of which lets facilities off. Federal inspectors have cited nursing homes more than 700 times since January 2024 for failing to protect residents from abuse by other residents, and in the first three months of 2026 resident-to-resident abuse was cited more often than any other kind, including abuse by employees. Reporting on the worst cases keeps turning up documented warning signs that nobody acted on for weeks. Both things are true. A great deal of this is preventable and gets ignored, and some of it happens in buildings where everybody did the right thing.
The first decision: the forensic exam
The hospital asked whether they should perform a medical forensic exam and collect a rape kit. I said no.
A forensic exam is invasive, lengthy and intimate. It is hard on a person who understands why it is happening and has agreed to it. Lori could not understand why it was happening, and could not have held an explanation for the length of the exam itself. What she would have experienced was strangers holding her and doing things to her body, again, with no context and no memory of having agreed to anything.
I decided the exam would be a second assault. I still believe that.
Someone else with the same facts would decide differently, and they would not be wrong. Evidence can only be collected inside a window and cannot be recovered afterward. If your person can tolerate the exam, if there is injury that needs treating, if there is any prospect you will want charges, or if you would rather hold the option and not use it than not have it — those are coherent reasons to say yes. Families pursuing a civil claim or a licensing complaint may also want the documentation.
There is no guidance for this
I went looking years later. There is almost nothing.
The Department of Justice publishes a national protocol for sexual assault medical forensic examinations. It names vulnerable adults as a category and then hands the consent question back to state law. State law, in turn, often does not address adults who cannot consent at all. A Virginia state crime commission review found no statutory authorization for performing a forensic exam on an incapacitated adult and no clear surrogate authority for a family member or guardian to give or withhold consent on their behalf. The workarounds it could identify were a court order or a search warrant.
So: a woman with advanced dementia is assaulted. Nobody can lawfully consent for her. Nobody has written down what a husband is supposed to weigh. The doctor is standing in front of you, the clock on the evidence is running, and you decide.
I decided in a hospital corridor with nothing to go on. If you are reading this before it happens to you, you already have more than I had.
The second decision: pressing charges
The police asked whether I wanted to press charges against the other resident. He had dementia. I said no.
They handled it well. They made clear they would support either decision and did not steer me toward one.
What I was being asked was whether to put a man with dementia in a jail cell. I could not see what that would give Lori. She did not know it had happened. Nothing a charge produced would return anything to her.
The one thing it might have delivered — separation, safety — had already happened without me. The facility evicted him before I decided anything.
What I did not know then was what the criminal system actually does with a defendant who has dementia.
- Among older forensic defendants, those with Alzheimer's disease were found incompetent to stand trial at rates of 30 to 50%.
- Courts respond to incompetence by ordering treatment to restore it. Restoration is not possible when the cause is a progressive dementia. The likelihood of successful restoration falls roughly 10% with every five years of age.
- What follows is a loop — found unfit, committed for restoration, restoration fails, returned to court, committed again. People sometimes spend longer detained than any sentence for the original charge would have run.
- A history of violent or sexual behavior, even with no conviction, makes placement extremely hard. Most long-term care providers will refuse to admit and will discharge such a person. Programs trying to place people out of custody report that unless a family member will take them in, the person often dies before a placement is found.
I knew none of that. I said no for a simpler reason: it did not seem to help anyone. Having read it, I would say no again.
A family that says yes is not wrong either. A charge creates a record, and a record is sometimes the only thing that follows a dangerous person into the next building. There are cases where the absence of one has cost somebody else. If your person can testify, if there was a documented pattern, if you believe someone else is at risk right now, those are real grounds.
How common is this?
Far more common than the silence around it suggests.
A 2024 study in JAMA Network Open examined 930 residents across 14 assisted living communities in New York State. In a single month:
- 22.5% of residents in memory care units were involved in resident-to-resident aggression, against 10.3% elsewhere in the same buildings.
- Verbal aggression 11.2%, physical 4.4%, sexual 0.8%, other behaviors 7.5%.
That sexual figure looks small until you set it against how many people live in memory care and how many months they live there. It is not rare. It is rarely discussed, which is a different thing.
A dementia researcher quoted in recent national reporting made the point that in the large majority of incidents there were warning signs beforehand — over months, weeks, days, sometimes minutes. Which is the argument for asking about it on a tour, in advance, while nothing has happened yet.
What I would say to someone standing in that hallway tonight
You are about to make decisions on no information. Here is what I wish somebody had handed me.
- Separate the two questions. Medical assessment for injury, infection and pain is not the same as forensic evidence collection. Ask for the first regardless of what you decide about the second.
- Decide the exam on what she can tolerate and what you would use it for. Both are legitimate grounds and they can point in opposite directions.
- Ask what the facility has already done — this hour. Where is the other resident right now? Who is with him? What changes tonight, not in the care plan meeting next week.
- Ask in writing for the incident report, the care plan in force at the time, and the staffing record for that shift. Ask while it is fresh.
- Call your long-term care ombudsman and the state licensing agency whatever you decide about charges. The ombudsman is free and independent. A licensing complaint moves through a different system than a police report and does not depend on it.
- Adult Protective Services may already be involved. Reporting is mandatory for facility staff in most states, and it is not something you have to trigger yourself.
- Get support for yourself. The RAINN National Sexual Assault Hotline is free and available around the clock at 800-656-4673, and it is there for family members too.
The gray spot
Within twenty-four hours of that call, a patch of my beard turned white.
It was on my chin, about the size of a pencil eraser. It looked like someone had touched me there and taken the color out. It never came back, and it was the beginning of my gray.
I do not know the mechanism and I am not going to claim one. Whether stress does that on that timescale is unsettled, and I have no interest in defending a theory about my own face.
I know where it came from. By that evening she had no memory of what happened. The entire weight of it transferred to me in a single day, permanently, and there is a small white mark on my chin that has been keeping the record ever since.
Both things are true and I have never gotten them to sit comfortably together. It is a mercy that she did not have to carry it. And it does not undo one second of what was done to her, and it left nobody but me to remember that it was.
Frequently asked questions
Can I consent to a forensic exam on behalf of someone who cannot consent?
Can another resident with dementia actually be prosecuted?
Is the facility liable?
Should I move her?
How would I even know if something happened?
Where do I report it?
Ask about this on the tour, while nothing has happened yet.
The Memory Care Tour Kit includes the questions about resident-to-resident aggression that almost no family thinks to ask — how new residents are screened, what happens the same day after an incident, and how and when families are told. Join the waitlist and it comes to you free.
Become a founding memberSources
- Pillemer K, et al. Estimated Prevalence of Resident-to-Resident Aggression in Assisted Living. JAMA Network Open, May 3, 2024. 930 residents across 14 assisted living communities in New York State.
- Virginia State Crime Commission. Consent for Forensic Sexual Assault Exams.
- U.S. Department of Justice, Office on Violence Against Women. A National Protocol for Sexual Assault Medical Forensic Examinations.
- Persons Living with Dementia in the Criminal Legal System. National Association of State Mental Health Program Directors Research Institute, 2022.
- KFF Health News. Violence Repeatedly Erupts at Dementia Care Facilities Despite Warnings, Inspections Show. 2026. CMS citation counts for resident-to-resident abuse.
- RAINN National Sexual Assault Hotline: 800-656-4673.