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Originally Posted by guccilvr
no body is talking about erections or such. the simple black and white.. and COMMON SENSE factors in this case are as follows:
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Spitting water in the face-- not an assault but, a very offensive thing to do especially to someone who cannot defend themselves.
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Not a crime. A disciplinary matter at work at most.
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Lying in bed with a resident--again not an assault, but something that probably isn't in the job description.
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Not a crime and utterly harmless
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Touching a resident on the buttocks-simple assault and sexual harassment. Unless the patient explicitly asked for a touch on the buttocks then it is sexual harassment. Plain and clearly simple.
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Harmless, and at worst a misjudgment. The buttocks are of course not a sexual region with regards to the male - so there is hardly even a sexual connotation to this action. It is nothing more than horseplay which did not harm or demean the resident in any way - as he was a male.
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Insertion of finger into rectum--sexual assault and sexual harassment. If the action was not consented to or done for a purely medical reason, it's a form of rape. Plain and clearly simple.
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The only action in this whole case which could be considered criminal assault (I would call this possibly sexually aggrivated assault rather than anything such as rape - which it self evidentally is not. A woman, biologically, cannot rape a man - because she does not have a penis) But the key question here is the context. Did the man object? Did he complain or feel he was violated? As I stated earlier, do we believe that even a very old man could be so overpowered by a 110 lbs 19 year old girl that his trousers and underpants could be removed against his will and she do this? I put it to you that they were in a situation (however bizzare and inappropriate) when he had willingly removed his clothing and allowed her to place her hand at least in this region.
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Antagonizing a resident-- until I know the expansion of the antagonizing I can't comment on this one.
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ie - having an argument with a resident. I am sure that this happens every day in every care home, not a criminal or disiciplinary matter in any way.
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Humping a resident-- now I'm assuming this is for all intensive purposes dry humping or humping such as a dog would do. --assault of a very demeaning nature (much more demeaning than calling them children) and again sexual harassment. Unless the person said "hey cutie, come hump my leg like a dog" 
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Again, over excited horseplay. Maybe a disciplinary offence but hardly a crime in relation to a woman dry humping a man. Women may "grind" against men in dance clubs every night in towns and cities across the world - do you propose rounding them all up and charging them with sexual harrassment?
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Putting a hand over a residents mouth in order to get the patient to scream-- assault and if you have a good lawyer.. you could pull an attempted murder charge off of this.
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A disciplinary offence, if it happened as reported, hardly a criminal matter. I think we have to consider the possibility that the hand over mouth was to stifle a cry of another kind. The girls after all did not hold the man hostage 24/7 - if he had wanted to cry for help he simply would have called for help the minute she took her hand away.