Elderly Patients Who Are Sexually Assaulted

  • See Texas Human Resources Code §48.001–48.054
  • Elderly is defined as “65 years of age or older” (Texas Penal Code §22.04).
  • Elderly patients shall be afforded same rights as any other forensic patient.
  • Elderly patients may consent or decline any portion or all the sexual assault medical forensic examination.
  • Mandatory reporting of suspected elder abuse (65 years or older), sexual assault or abuse of the elderly shall occur regardless of the patient wishes to report to DFPS. As with all patients, the elderly has rights to assent or decline the examination, or to participating with DFPS or law enforcement investigation.
  • Call the Texas Department of Family and Protective Services (DFPS) Abuse Hotline toll- free 24 hours a day, 7 days a week, nationwide, or report with secure website (reporter receives a response within 24 hours):
    • Telephone: 1-800-252-5400
  • Reporting to Texas Health and Human Services (formerly Department of Aging and Disability) may also be necessary if the patient was in a facility [(800) 458-9858].
  • As with any patient who was sexually assaulted, discharge safety planning is important.