The daughters of an elderly dementia patient allege a Queensland hospital failed to perform a rape kit-based sexual assault forensic examination on their mother and denied police access after an alleged sexual assault.
A Guardian Australia investigation has revealed that gaps in the “virtual ward” care system left the 79-year-old woman without immediate medical attention for the alleged assault, which was not reported to police until three days after the incident.
Alice* was taken to Toowoomba hospital after suffering a fall. The hospital later transferred her to a virtual ward at the aged care facility Palm Lake Care when the assault allegedly occurred.
Her daughter, Nicole Bradley*, alleged Toowoomba hospital staff did not perform a forensic medical examination as they feared her mother would think she had been sexually assaulted.
“[They] said if [your mother] has swabs for a rape kit, she might think she’s been sexually assaulted. I said well, the point is she has been sexually assaulted,” Bradley told Guardian Australia.
A letter from the hospital to the family, seen by Guardian Australia, acknowledged staff failed to return a call from police and did not follow the proper protocol of contacting the department of health’s sexual assault response service after the incident.
Guardian Australia understands from the letter that hospital staff later told the family they believed the daughters had agreed using a rape kit was not the best option, while acknowledging they may have misunderstood the conversation.
But the family vehemently denies they did not want to pursue the use of a rape kit and says they always wanted a forensic medical examination for their mother.
The virtual care ward model was implemented by the hospital in July 2022, during the Covid-19 pandemic, to free up more beds for those waiting for nursing home placement. Under the model, Alice lived in an aged care facility but remained in Toowoomba hospital’s care and received medical services from Queensland health staff.
Alice’s family alleges there was no full-time doctor on site at the virtual care ward and no direct emergency after hours or weekend contact number they could call.
Alice was only in the Palm Lake virtual ward for three days before the alleged sexual assault occurred.
Diana Griffin* says her mother had been complaining of having a sore vagina since she was moved to the virtual ward.
When she was visiting her mother on the Friday, Griffin says she saw a man enter the room and stand over her mother’s bed.
“Mum was distressed and I told him to get out of her room … Later he came back and made a beeline for mum. I’m like, hey, this is not your room and he rammed his walker into me,” she said.
“Mum said that’s the man who touched me. She was crying and had the bed covers up over her head.”
Griffin managed to walk the man outside and slam the door. When he left, she noticed blood stains on the bed. Her mother then alleged the man had been touching her vagina without consent.
Griffin called her sister, Nicole Bradley, in a panic to tell her about the alleged incident. Bradley says when she called the aged care facility to complain, she was told patients were allowed to wander into each other’s rooms.
“It’s my mother’s right, and every person’s right in a nursing home, to be safe in a room and to not be sexually assaulted,” Bradley said.
Griffin claims she also attempted to report what she witnessed but her complaint was dismissed.
The family also claims Alice was left in the same food-stained clothes for four days at the aged care facility.
After the alleged incident occurred on a Friday, Bradley emailed staff at the virtual ward, who work for Toowoomba hospital. The family had to wait until Monday to speak with virtual ward hospital staff who had not been available on the Friday.
Guardian Australia understands the alleged assault was reported to police on the Monday by a manager at Palm Lake Care via an online form.
Palm Lake Care has not responded to questions about the incident but Guardian Australia understands they have denied knowledge about the alleged assault. They claim they first heard about the incident on the Monday when they were contacted by the hospital.
The hospital was so concerned for Alice that after the alleged assault they transferred her to Toowoomba hospital’s medical unit at Baillie Henderson hospital. However, she did not receive a test for a potential urinary tract infection until four days after the alleged incident and no examination using a rape kit was performed.
Police were denied access when they arrived at Baillie Henderson to interview Alice. A follow-up call to the hospital by police went unanswered.
A letter to the woman’s family from the hospital says they were “unable to ascertain why” police were “denied access … at the front door.”
The letter also says it was a “serious oversight” to not return a call from police and they “apologise” for failing to contact the sexual assault response service.
“The usual process for an acute sexual assault (last 72 hours) is to contact the Sexual Assault Response Service… [which] is available 24 hours [to]… provide support and information about all the medical and reporting options available,” the letter said.
“If the person chooses to have a forensic medical examination, medical care involving sexual assault forensic medical examination is usually provided at the Emergency Department, Toowoomba Hospital.”
Last November a Queensland police detective told the family the alleged perpetrator had died and he was still waiting on more information from the hospital.
“Detectives are continuing to engage with persons involved in this matter,” a QPS spokesperson told Guardian Australia.
The family has also complained to the Australian health practitioner regulation agency and the aged care quality and control commission about the care their mother received.
“We were basically the guinea pigs of the virtual care model scheme and it was not set up properly,” Bradley said.
“We’d love to make sure that nobody else goes through this and that they really have tightened up their procedures … I’m just going to keep going until I can’t go anymore.”
Darling Downs hospital and health service referred Guardian Australia to a response by the health minister’s office.
A government spokesperson said “it is saddening to hear the family feel the care provided to their loved one did not meet the standard that Queenslanders expect and deserve”.
“The health minister and the Darling Downs health service have been in contact with the family and a review is under way,” they said.
“We take any concerns about care provided very seriously and any recommendations that may come from the review will be implemented.”
* Names have been changed
Do you know more about virtual wards? Email eden.gillespie@theguardian.com
• Information and support for anyone affected by rape or sexual abuse issues is available from the following organisations. In Australia, support is available at 1800Respect (1800 737 732). In the UK, Rape Crisis offers support on 0808 500 2222. In the US, Rainn offers support on 800-656-4673. Other international helplines can be found at ibiblio.org/rcip/internl.html
