A 25-year-old man accused of sexually assaulting an 80-year-old woman at a Michigan assisted living facility is finally going to trial.

The alleged rape was reported in 2022. The victim's attorney says there were witnesses when it happened, and DNA evidence later matched the victim and the suspect.

"She needs help, she can't care for herself, she was raped by another employee at the nursing home," said attorney John Marko.

Marko says his client was in the care of Medilodge of Shoreline Nursing Facility in Sterling Heights when the suspect, Shane Curry, was allegedly found in the woman's bed. Curry was an employee and was caring for the woman who had middle-stage dementia.

"The employee barricaded the door and was caught in the act and had originally denied and said that he was readjusting his pants," said Marko.

Marko says the latest results from a rape kit test positive with Curry's DNA. Records show Curry is charged in this case with third-degree criminal sexual conduct of an incapacitated victim.

Now the question is, why is this case now going to trial? Retired Detroit Assistant Police Chief Steve Dolunt says cases getting lost isn't abnormal. Dolunt suggests that with the victim having dementia, prosecutors may have questioned how they could get a testimony.

The Macomb County Prosecutor's Office says it kept the case moving and that a pretrial hearing is set for Dec. 8.

In the meantime, Marko filed a civil lawsuit against the nursing facility claiming they failed to properly hire, train and supervise their employees.

"It wasn't just from another person in the nursing home, it was an employee trusted to care for this elderly population," Marko.

CBS News Detroit reached out to the nursing facility, but it declined to comment. The Macomb County Prosecutor's Office says it kept the case moving and that a pretrial hearing is set for Dec. 8.