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Court: Caretaker likely exploited man, 90

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DES MOINES (AP) - The Iowa Supreme Court upheld a ruling Friday saying a caretaker committed dependent adult abuse by allowing inappropriate touching by a 90-year-old man at a care center.

The decision comes from a case in Hardin County against Anisa Smith, a certified nursing assistant. In the court's ruling, the man is identified as E.M. and the center is not named.

According to court documents, E.M. became attached to Smith and his "amorous feelings led him to physically express his affections." The court said on more than one occasion, E.M. placed his hands on Smith's leg and inner thigh. He also tried to touch her breast.

Smith notified her supervisor in March 2005 and was told to avoid caring for E.M. Two days later, Smith visited E.M. in his room and another incident occurred.

Smith was eventually fired. The Department of Inspections and Appeals determined Smith committed dependent adult abuse by sexually exploiting E.M.

She appealed, but her termination was upheld by an administrative law judge who found Smith allowed E.M. to place his hand on her thighs for the "purpose of arousing or satisfying the sexual desires of either Smith or E.M." The judge ruled the conduct amounted to dependent adult abuse by sexual exploitation under Iowa law.

The case eventually wound up in the Iowa court system, and a district court upheld the decision. Smith appealed, claiming the state agency erred in its interpretation of the definition of sexual exploitation because the law can't be interpreted to include a caretaker who is the victim of a sexual assault by a dependent adult.

"The central finding of dependent adult abuse in this case is that Smith allowed E.M. to place his hand on her inner thigh," the Supreme Court said.

The court said a reasonable fact finder could conclude Smith "consented to the touching."

The court also said that "sexual conduct" has a broad meaning and requires the actions of the caretaker be examined.

"In this case, Smith affirmatively permitted a wheelchair-bound dependent adult to touch an area of her body in a sexual manner by sitting in a chair in such a way that allowed the touching to take place," the court said. "These facts amount to sexual conduct without the need to further show touching by the caretaker."

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