A man alleges that after his mother was sexually assaulted twice in a week at an adult care facility in Federal Way, the facility told him she was “enjoying” it.

On Sept. 17, 2024, Ryan Harney and his attorneys from Evergreen Personal Injury Counsel filed a lawsuit — which they sent to The Mirror — against Brookdale Senior Living Foundation House, 32290 1st Ave. S.. The lawsuit alleges personal injuries and neglect of a vulnerable adult following two reports from Brookdale stating that his mother, Pamela Harney, who has dementia, was the victim of two instances of sexual assault.

In the first instance, on May 13, 2023, Brookdale alleges that Pamela Harney, who is in a wheelchair, was wheeled by another resident of Brookdale, who also has memory issues, to another resident’s room, where the resident then had sexual intercourse with her. The lawsuit alleges there was a video of the incident. Following the first assault, Brookdale staff allegedly said they were going to have the resident who assaulted Pamela Harney on one-to-one monitoring during all hours that he was awake following the first incident.

Despite the alleged reassurance, the second incident occurred on May 19, 2023, which Brookdale staff said they suspect occurred after the same resident who had previously assaulted Pamela Harney wheeled her to another resident’s room, where she was then found to be fully undressed. Ryan Harney said he was not notified of this incident until a few days later.

In a media press release, Ryan Harney’s attorney, James McCormick, said the Brookdale executive director allegedly told a Washington Department of Social and Health Services (DSHS) investigator that “the event was caught on video and proves the incident was mutual and not forced by either resident.” According to the lawsuit, Brookdale allegedly said they were both consenting adults and enjoying their time together.

In rebuttal, the lawsuit said Pamela Harney’s diminished mental state because of dementia renders her legally incapable of providing consent to sexual acts under Washington state law.

“We trust that the facilities taking care of vulnerable adults will treat them with dignity, respect, and will protect them from sexual abuse, physical abuse, harm, and neglect,” James McCormick said. “Brookdale allowed these sexual assaults to occur under their watch.”

Ryan Harney said his mother was always a woman with dignity, and she tried her best to hide her cognitive decline, continuing to be part of her community through Lions Club and other endeavors. He said it wasn’t until she was unable to take care of herself that they decided to move her into a memory care facility where she was assisted with all her daily activities.

Ryan Harney said post-dementia, his mother always scored zero on cognitive tests. He said he characterizes her cognitive level as that of a two-year-old, and Brookdale staff was aware of her cognitive ability but acted as if she could consent. But, despite her cognitive disabilities, he said Brookdale tried to spin the situation and toe the line to avoid responsibility, saying there was no way to avoid this situation.

“They called my mom a promiscuous lady and that she seemed to be enjoying being sexually assaulted from the video that they witnessed,” Harney said. “My jaw hit the floor. I had to ask them again to repeat themselves because I couldn’t believe what I heard. My mom couldn’t at any point in time, when she was at Brookdale, be able to make a rational decision or give consent, let alone know what my name is.”

Now, following the lawsuit, Ryan Harney said he’s hoping for change. He said there can’t be justice at this point because what’s happened already happened, but he hopes Brookdale is held accountable and changes are made to prevent anyone else’s family or loved ones from being in the same situation he is.

“[I feel] like a failure, like my dad is rolling in his grave, that I messed up at some point to allow this to occur, based on their reactions,” Ryan Harney said. “You know, angry, and I’m not an angry person, but more confused as to just how this could happen.”

Ryan Harney said that as soon as possible following the incident, he moved his mom to a small family care home, which is more loving and has a care-to-resident ratio of at least two residents to one caregiver. He said that, typically, she gets one-on-one care 24 hours a day.