Couple sues state hospital over assault

From the Wyoming News Exchange
Posted 10/3/18

WSH sued over alleged sexual assault

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Couple sues state hospital over assault

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CHEYENNE (WNE) — The guardians of a Wyoming State Hospital mental health patient filed a lawsuit earlier this month accusing the hospital of negligence for hiring and failing to supervise a CNA who allegedly sexually assaulted the patient.

A Weston County couple accuses the state’s provider of mental health services of breaching their duties of care by allowing the couple’s daughter, a vulnerable adult, to be sexually assaulted by a person charged with watching her during one-on-one observation periods.

The patient will not be identified because she is an alleged victim of sexual assault.

The man accused of assaulting her, Christopher King, is facing three counts of third-degree sexual assault in Uinta County. The charges state King took advantage of the woman while in a position of authority.

The woman was committed to the hospital under a state law called Title 25, which outlines circumstances under which mentally ill people can be involuntarily hospitalized.

Under hospital procedure, King was assigned to watch the woman for one or two hours and then switch out with another staff member. During those periods, he “engaged in sexual acts” with the woman, the lawsuit states.

A police investigation later found that between Nov. 1 and Nov. 16, 2016, King “engaged in sexual acts” with the woman four times, court documents state.

The woman could not legally consent because she was listed as a vulnerable adult and under King’s supervision.

“The hospital knew or should have known that King was engaging in inappropriate and harmful sexual relations with (the woman) while she was a patient,” the lawsuit states.

“The hospital failed to prevent or stop King from having sexual relations with (the woman), thereby breaching the professional standard of care.”