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32 | The investigation revealed that R1 stated they voluntarily engaged in sexual acts with Resident 2 (R2) at the facility in R1’s room, despite initially reporting they had not consented. R1 reported they were not threatened or hit by the other resident. R2 who was reported to have engaged in sexual acts with R1 moved out of the facility on November 2019. An interview was conducted with R2 at their current residence. During the interview, R2 was not alert nor orientated and was unable to provide details as to sexual acts engaged between themselves and R1. The Witness interviewed reported R1 reported feeling ashamed of sexual acts engaged in due to Religious beliefs.
The facility Administrator reported residents can move around the facility freely; date and engage in relationships with other residents and they can visit each other’s bedroom during facility visiting hours from 0900-1900.
Multiple interviews were conducted and during the interviews, it was determined that the allegation could not be corroborated by evidence nor witnesses.
Therefore, based on the preponderance of evidence gathered through multiple interviews and documents obtained; the allegation “resident was sexually assaulted" is deemed to be UNSUBSTANTIATED. Although the allegation may have happened or is valid, there is no preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is UNSUBSTANTIATED.
An exit interview was conducted with Administrator Ephantus Warui via telephone. The report was sent via email and an electronic email read receipt confirms receiving of the report. Administrator Warui agrees to review the report and to send the signed report back to the LPA Quiroz via email. |