The family of a woman with Down syndrome who cannot speak has filed a lawsuit against The Arc of Hunterdon County, claiming one of its caregivers shaved the woman’s pubic hair while she was at the Tewksbury facility.
The patient, a woman in her 40s, “has severe mental and physical disabilities and is unable to speak or make decisions,” according to the lawsuit filed Tuesday in Hunterdon County Superior Court.
The lawsuit alleges first-degree sexual assault, sexual contact, assault, invasion of privacy and negligence. The lawsuit was filed against The Arc of Hunterdon County and the employee.
Officials at Arc’s regional and state offices did not immediately respond to requests for comment Wednesday.
According to the family’s attorney, Patrick Toscano of Caldwell, the caregiver was suspended after the incident and the case was turned over to the Hunterdon County District Attorney’s Office for investigation.
“To date, there have been no arrests,” Toscano told NJ Advance Media on Wednesday. “We have been told the investigation is ongoing.”
The 41-year-old nurse did not respond to a call seeking comment on the lawsuit.
The Arc of New Jersey’s website states that it is the state’s largest organization dedicated to serving the interests of children and adults with intellectual and developmental disabilities and their families, providing recreational, residential and day services.
The agency is a registered 501c3 nonprofit organization that relies heavily on donations, the website says.
According to the lawsuit, an assistant manager at the Hunterdon County facility called Tewksbury police on March 27 to report that a caregiver had “removed a patient’s clothing and then began touching/shaving the woman’s intimate female parts.”
The assistant director told officials that “based on her knowledge of Arc’s policies and procedures, this conduct was completely inappropriate/wrong and did not comply with the facility’s approved policies,” the lawsuit states.
The complaint states that on April 24, two members of Arc of Hunterdon County’s leadership – the executive director and the director of quality assurance – appeared at the Tewksbury Police Department and brought additional information about the assistant.
Directors told police the aide had been involved in “numerous other incidents involving patients/residents” at another Arc facility in Delaware Township, the lawsuit says.
Later that day, the nurse spoke to police on a recorded line and admitted that she had shaved the patient’s private area “for hygienic reasons,” the lawsuit says.
In the lawsuit, the assistant’s statements on the subject of hygiene are described as “a blatant lie.”
“(The aide) indisputably committed these severe sexual assaults/sexual contacts on a physically helpless and mentally disabled woman with the intent to either degrade or humiliate (her) or to sexually arouse her,” the lawsuit states.
The lawsuit alleges that Arc was required by law to report the assistant’s past conduct to police, but failed to do so at the time of the initial report. Arc leaders also failed to inform the victim’s family about the assistant’s alleged past, the lawsuit says.
“Arc knew that if it reported (the assistant’s) deviant sexual conduct to a law enforcement agency or to the State of New Jersey, it would ruin its reputation and financially ruin its business,” the lawsuit states.
“Certainly, certain Arc employees secretly and surreptitiously conspired to cover up (the assistant’s) prior crimes/acts committed while employed by Defendant Arc,” the lawsuit states.
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Anthony G. Attrino can be reached at [email protected]. Follow him on X @TonyAttrino. Find NJ.com on Facebook.
