SAN DIEGO (CNS) - An 88-year-old rape victim is seeking $50 million in damages from a Hillcrest nursing home, alleging that a lack of adequate security and an unlocked back door allowed an intruder easy access to commit the sexual assault.
A representative of the Balboa Nursing & Rehab Center could not immediately be reached for comment regarding the lawsuit filed this month on behalf of the plaintiff, identified only as Jane Doe in court documents.
The alleged assailant, Lusean Arline, 49, was arrested in early November and charged with rape, elder abuse and other felonies. He faces life imprisonment if convicted of all counts.
The suit alleges Arline was able to enter the nursing home around 3 a.m. Oct. 27 due to negligence on the part of the facility. Arline allegedly entered through an unlocked door, then made his way to the second floor -- where the victim's room was located -- all while going unnoticed by staff.
Only when Doe's roommate screamed during the rape did anyone take notice, according to the suit, which says the victim suffered a broken arm in the attack.
The complaint alleges the back door was routinely left unlocked after hours and that the nursing home lacked sufficient night staff and security to protect its residents.
Arline was allegedly found completely nude on top of the victim, but managed to flee the nursing home upon being discovered. DNA evidence left at the scene was submitted to the FBI Combined DNA Index System led to his arrest, according to police and prosecutors.