The family of a resident who authorities say was sexually assaulted at her Rhode Island facility is suing Genesis Healthcare on the grounds it could have done more to prevent the crime.

Coventry Center Skilled Nursing and Rehabilitation resident Francis Kinsey, 74, was arrested in October after an employee told authorities that she saw him sexually assault a fellow resident. Authorities discovered Kinsey had been arrested for child molestation in 2012, but the case was put on hold due to his medical issues, according to local reports.

The family of the resident who was allegedly assaulted by Kinsey has now sued Coventry’s owner, Genesis Healthcare, as well as Kinsey himself. They said Kinsey should have never been in the nursing home due to his pending molestation charge, WPRI reported on Tuesday. The suit also claims the provider didn’t take enough steps to protect residents from Kinsey.

“Genesis Healthcare, LLC knew or should have known that Defendant Francis E. Kinsey, Jr presented a danger to residents he came into contact with for reasons including, but not limited to, his arrest record,” the lawsuit reads.

A request for comment from Genesis was not returned by production deadline Wednesday. A hearing is set for Nov. 16 to determine is Kinsey is competent to stand trial for the assault.