Judicial Response to Elder Abuse

International journal of older people …, 2006

In this paper, legal provisions for dealing with elder abuse in social or healthcare settings will be considered. The need for such measures for detection and management of elder abuse will be highlighted. Interventions should take into account elderly victims' vulnerability, which may be due to physical and/or psychological dependence. The effectiveness of current interventions is limited due to a lack of cohesion and the absence of a specific legal framework. The term 'vulnerable adults' is broader than 'elder abuse'. It is difficult to estimate the extent of the problem of elder abuse because of the usually intimate settings within which it takes place -this may affect the strength of the evidence. The purpose of this paper is to encourage a debate on the effectiveness of current legal responses to elder abuse. The true figures of the incidence of abuse may never be known. Consequently, in criminal law trials, providing evidence on abuse can be very traumatic and intimidating for a victim because of the circumstances in which it generally takes place. The irony is that the likelihood of a criminal prosecution may be higher in more serious types of abuse where the evidence is overwhelming, on the basis of the res ipsa loquitor (facts speak for themselves) principle. The abuse in question may be domestic or institutional; the effects nevertheless are the same.

Elder abuse is a crime that is often misunderstood, under detected, and improperly processed. While definitions of this abuse are clear within most states, the knowledge that most elder abuse occurs at the hands of those the victim most trusts–their friends and family–is seldom understood by the public. Further, many professionals lack the training to effectively assess and detect elder abuse. Most underlying indicators of such abuse have specific correlates based on both victim and offender characteristics. Persons in various human service professions must be trained on those characteristics and the dynamics that tend to enable an abusive relationship to occur. Effective means of assessing elder abuse are presented as well as arguments for improved training among human service professionals. The primary purpose of this manuscript is to identify factors associated with elder abuse so that this phenomenon can be prevented in the future. With this in mind, it quickly becomes necessary that a baseline of information be provided to set the ground-stage for a more detailed analysis of this social problem. This paper will first provide basic definitions of elder abuse and will then explore characteristics common to both victims and perpetrators of elder abuse. The final section of this paper will provide a discussion of an identified risk-vulnerability model pertaining to elder abuse; highlighting how such a model can provide a constructive framework for future preventative efforts. Throughout the literature, three basic forms of elderly mistreatment are frequently identified. These three broad categories include neglect, abuse, and exploitation. All fifty states have some form of elder abuse prevention laws (Regan & Fisher, 2007). Most all state laws provide explicit and detailed definitions for each of these categories of mistreatment (Regan & Fisher, 2007). In general, states define elder abuse as abuse against a person aged sixty of older who is handicapped by the infirmities of aging or who has a physical or mental impairment which prevents the person from providing for his/her own care or protection and who is (1) being abused physically or (2) sexually, (3) exploited financially, (4) neglected, or (5) has been abandoned by a caretaker (Bonnie & Wallace, 2002; Regan & Fisher, 2007).

Open Medicine Journal, 2016

Elder abuse is a serious social and public health issue with estimates of approximately five and a half million annual reports in the U.S. Identifying and treating abused elders is difficult due to unstandardized protocols and identification guidelines as well as a lack of public awareness to the problem. An interdisciplinary approach in collaboration with Adult Protective Services investigation is paramount to the assessment and care for mistreated elders. Educating healthcare professionals, other professions, and the lay public through social media, local news, and community education can increase awareness to this often overlooked problem.

American Journal of Public Health, 2003

 RESEARCH AND PRACTICE  Objectives. The authors evaluated the impact of state adult protective service legislation on rates of investigated and substantiated domestic elder abuse.

Research & Review: Journal of Geriatric Nursing and Health Sciences, 2025

Approximately 1 in 6 individuals aged 60 and above experienced some form of abuse in community settings over the past year. The incidence of abuse is particularly alarming in institutional environments like nursing homes and long-term care facilities, where twothirds of staff members have reported engaging in abusive behaviours within the same timeframe. The prevalence of abuse among older adults has risen during the COVID-19 pandemic, leading to significant physical injuries and enduring psychological effects. As many nations face the challenge of rapidly aging populations, the likelihood of such abuse is expected to escalate. By 2050, the global population of individuals aged 60 and older is projected to exceed 2 billion, up from 900 million in 2015. Elder abuse remains a critical issue within society, often shrouded in complexity due to the interplay of legal and ethical considerations. This paper seeks to revisit the multifaceted nature of elder abuse by examining its various forms physical, emotional, financial, and neglect through a legal and ethical lens. It highlights the challenges faced by seniors in reporting abuse and seeking justice, including the lack of awareness, fear of retaliation, and stigmatization. Furthermore, the paper discusses the inadequacies of existing legal frameworks and the ethical dilemmas faced by caregivers, law enforcement, and healthcare providers in addressing cases of elder abuse. By exploring case studies and recent legislative changes, this paper advocates for a more integrated approach that prioritizes the rights and dignity of elderly individuals while fostering collaboration among stakeholders. Ultimately, this work aims to provide insights into better protecting seniors and ensuring that their voices are heard in the discourse around elder abuse.