Domestic Violence and Elder Abuse Policy - Research Paper Example

? Domestic Violence and Elder Abuse Policy Number Domestic Violence and Elder Abuse Policy Elderly abuse is a problematic situation which individuals who may not be experiencing now, would be likely to experience in the future. The problems that usually come with aging are fraught with other challenges so that abuse and maltreatment may be secondary to problems about caring, responsibility, as well as health issues. The federal government and local agencies have come in full grip about the growing concerns of the aging populations specifically on abuse and maltreatment. This does not only come from the realization of a growing elderly population but on the inevitability of every legislator to soon fill the shoes of the possible elderly abuse victims. Aside from this is the fact that there is an immediate need to address the condition of victims not only because of their vulnerability but due to humanitarian reasons. This paper will explore the facts and details about elderly abuse, provide an overview of existing protective legislation and recommend possible measures to prevent and counter the practice. Domestic Violence and Elderly Abuse While it seems simple enough, elderly abuse is a social problem considered as a complex phenomenon lacking a single and consistent definition (Erlingsson, 2007). It falls under the wider domestic abuse and mistreatment definition which encompass “incidents perpetrated by either a family member or a member of the victim’s household… to include physical, psychological, or financial abuse, and neglect,” (Amendola, Slipka, Hamilton, and Whitman, 2010, p 2) referring to the elderly as the victim. Elderly, too, may be of contention since acceptable age range or bracket may be different from one institution or state to another. It was observed that resolution of elder abuse require multidisciplinary approach of which administrators form adult protective services and the criminal justice system cooperate to address cases and prevent repetition and escalation of the abusive acts as there are possibilities that unreported and undeterred abusers may turn to more victims (Burgess, 2006). Local law enforcement have jurisdiction to investigate any complaint of elderly abuse and another investigative body is the adult protective services or APS. APS is usually the agency that handles elder mistreatment (Teaster et al, 2003). McNamee and Murphy (2006) cited lack of knowledge about elder abuse with the case of nursing home caretaker Charles Cullen as example. In 2004, Cullen admitted to administering fatal doses of medication to about 40 patients in various institutions over a 16-year period indicating the extent of knowledge on the recognition of abuse, incidences, prevention, and prosecution. The lack of standard for recognition of elder abuse was cited as a major factor in the lagging knowledge about the maltreatment (McNamee and Murphy, 2006). There is a need to rely on forensic markers in order to identify abuse and neglect. However, this was also seen as problematic because caregivers, APS agencies, and physicians lacked training to determine injuries caused by mistreatment and those that came from accident, illness or aging (McNamee and Murphy, 2006). Elderly individuals, too, also experience signs and symptoms that are disease related which may be mistaken for abuse or maltreatment. Thus, caretakers, family members, and health professionals are not alarmed about the real causes even when incidents lead to death (McNamee and Murphy, 2006). Facts and Figures The Federal Bureau of Investigation's Uniform Crime Reporting noted that in 2004 that there were 1,551,143 reported incidents of family violence between 1996 and 2001; that 20,955 elderly relatives were victims of simple assault during that period. A study on elderly sexual abuse, Burgess (2006) reported that among the 284 victims under study, the mean age was 78.8 years and that majority or 82.3% were Caucasians. The majority also consisted of 93.2% females with only 6.8% males. Age range of offenders was from 13 to 90 years. There were fairly equal rate of adults reported through the two different routes: adult protective services or APS and criminal justice system (CJS). Under the study, 53.9% of the victims were reported via the APS and 46.1 through the CJS. However, APS cases with disclosed relationship between victim and offender resulted to less investigation for a crime, less physical examination for the elder, and less referral to the prosecutor’s office (Burgess, 2006). Mental state also showed there was a higher diagnosis of dementia present in the APS group at 70.5% compared to the CJS group at 43.3%. Those with dementia were abused more often by persons they know such as a family member, caregiver or a nursing home resident. They also showed distress, easily confused, verbally manipulated and pressured into sex by the mere presence of the offender. The suspects, however, had less chance of arrest, indictment or case plea-bargained (Burgess, 2006). Burgess (2006) also observed that from the 226 cases with data, 180 offenders were identified, 99 were referred to the prosecutor, 17 were convicted, 8 were acquitted, and 11 plea-bargained. Among the CJS cases, 22 were cleared by conviction or plea out of the 56 cases. On the other hand, APS cases have 6 cases cleared by conviction or plea out of the 124 cases. Of the 45.2% of APS cases reported to law enforcement, 20% of offenders were indicted, 33.3% convicted, and plea-bargained in 20% of the cases. CJS cases have lower chance of identifying the suspects, although once identified, had a higher chance of police being notified, being arrested and referred to the prosecutor (Burgess, 2006). A report (Fabelo, 1999) that examined the inmate population in Texas prisons noted that there was a growing elderly population of inmates from 1998 to 2008, estimated to reach 10,601 by the latter period. It represented 8.2% of the total population but what alarmed the director who made the report was the growth of health cost for the elderly from $27 million to $56 million. There was also a need to expand the geriatric facility for elderly inmates which at that time only had 60 beds. In addition, the report indicated that incarcerated offenders have health problems equivalent to an older population in a free world so that at 55 years old, the inmate is already considered an elderly with health concerns equivalent to a 65 y.o. in the free world. The various reasons for the health deterioration are lack of preventive care, tendency to engage in high risk behaviour such as drug and alcohol abuse, smoking, and unprotected sex. This also meant longer and more frequent hospitalization and contact with health care providers, as well as higher health expenditures (Fabelo, 1999). It should be, however, emphasized that statistics on elder abuse and mistreatment represent only the most overt cases and mainly underestimates. There are more suspected cases that remain unreported mainly with dependent, frail, vulnerable elderly women as victims (Roberto and Teaster, 2005). The National Violence Against Women Survey estimated that about 17.7 million women and 2.8 million men in the United States were sexually abused at some time in their lives (Tjaden and Thoennes, 2006). While this may not exactly reflect the case for elderly abuse, Burgess (2006) pointed out that these are “contemporary and emergent public health issue requiring awareness, comprehensive and sensitive assessment” (p 1) for immediate intervention. Policy and Legislation The various laws that protect domestic abuse and neglect as well as promote welfare of family members including the elderly are: Promoting Safe and Stable Families that amended the program under title IV-B, subpart 2 of the Social Security Act. It provides new authority to support programs for mentoring children of incarcerated adults as well as amends the Foster Care Independent Living program for the provision of educational and training vouchers for youth out of foster care (National Criminal Justice Reference Service, 2011). Violence Against Women Act of 2000 – (P.L. 106-386) was enacted in October 28, 2000 to improve legal tools and programs about domestic violence, sexual assault, and stalking with new programs and stronger Federal laws. Violent Crime Control and Law Enforcement Act of 1994 – This law strengthens protection of women for all ages including the elderly. The Older American Act (42 U.S.C. S 3001 et seq.) does not specifically state elder abuse but authorizes the National Center on Elder Abuse or NCEA to use federal funds for elder abuse awareness and coordination activities in states and local communities. It was noted that all fifty states have legislation that authorizes the provision of adult protective services of APS for cases of elder abuse. The APS provides social services to help victims, report and investigate cases of elder abuse, and ameliorate the abuse (American Bar Association Commission on Law and Aging, 2005). The various states also have laws on the Long Term Care Ombudsman Program or LTCOP that advocates long term care facility residents who are victims of abuse, violation of their rights, and other maltreatment. It is funded by the Older Americans Act. LTCOP also acts as APS in some states (American Bar Association Commission on Law and Aging, 2005). Policy Recommendation Burgess (2006) suggested that there should be an increased case detection of elder sexual abuse through awareness of primary health care and home health care providers of the signs and symptoms of abuse such as behavioural signs of distress. This will lead to identifying at-risk elders as well as early intervention. Those suspected at risk should be immediately reported to those in-charge of their care followed by complete physical examination by qualified forensic examiner (Burgess, 2006). The APS and CJS staff should also work together for better design guidelines and protocols on the safety of dependent elders in risky environments. Best practices should be shared and intervention plans be at place. Rape crisis and domestic violence staff should also work with mental health staff to fully comprehend the dynamics of elder sexual abuse and strengthen service to elder victims of abuse (Burgess, 2006). Tailored treatment interventions should adapt techniques to address elder victims with cognitive and physical disabilities (Burgess, 2006). The United States legislative bodies are aware of the challenging condition of the elderly, this is why several bills were introduced to amend or improve existing ones. Following are such bills: H.R.577 : Elder Abuse Prevention Act sponsored by Rep Ben Chandler introduced in February 9, 2011 aimed to prevent the abuse and exploitation of older individuals. This was introduced after findings that older individuals in the US who are abused, neglected, or exploited was increasing with a large percentage of cases unreported to Federal and State law enforcement authorities. It was also prompted by the increase of 65 and older population which constitute a group vulnerable and increased risk of abuse and exploitation in domestic and community-based settings. The proposed bill also acknowledged the implication of violent, physical and sexual assaults on the elderly as abhorrent and should be prosecuted vigorously by Federal and State law enforcement authorities. The bill hopes to help deter abuse through penalties and elimination of parole for convicted offenders as specified in Section 3 stating “No parole for sexual offenses committed against older individuals or for sexually violent predators.” Subsequently, states who fail to enact the bill shall also be imposed penalties or ineligibility for funds. It hopes to amend the United States Sentencing Commission under section 994(p) of title 28, United States Code sentencing guidelines applicable to sexual offenses committed against the elderly as well as establish a grant program for improved training and services for the prevention of elderly abuse. The End Abuse in Later Life Act of 2011 sponsored Senator Herb Kohl and introduced March 2, 2011 hopes to amend Subtitle H of the Violence Against Women Act of 1994 (42 U.S.C. 14041 et seq.) to “Subtitle H--Enhanced Training and Services to End Abuse Later in Life.” The bill amendment hopes to provide training, consultation, services provision, and information on abuse in later life from domestic or dating violence to sexual assault, stalking, exploitation, and neglect. It also hopes to create or support coordinated community response to abuse in later life, provide training programs to assist law enforcement agencies, prosecutors, agencies of States or units of local government, population-specific organizations, victims service providers, victim advocates, and relevant officers in Federal, Tribal, State, Territorial, and local courts in the recognition and addressing instances of abuse in later life. H.R.2564 : Elder Abuse Victims Act of 2011 sponsored Rep Peter King and introduced July 15, 2011 aims to better protect, serve, and advance the rights of victims of elder abuse and exploitation through a program that encourages States and other qualified entities to create jobs designed to hold offenders accountable, enhance the capacity of the justice system to investigate, pursue, and prosecute elder abuse cases, identify existing resources to leverage to the extent possible, and assure data collection, research, and evaluation to promote the efficacy and efficiency of the activities mentioned. It hopes to amend Section 2021(b)(1)(B) of the Social Security Act (42 U.S.C. 1397k(b)(1)(B)) replacing the Attorney General's designee with Director of the Office of Elder Justice. Conclusion and Recommendation Elderly abuse comes in various forms and remain difficult to detect. While basic legislations are in place to cater to victims, it is more important to deter the inhumane actions and prevent occurrences of abuse and maltreatment. Old age is a period where individuals experience various physical, emotional and social challenges so that commission of abuse on these individuals may double the difficulties they are experiencing. It is important that involved agencies such as law enforcers, social and health workers work together as a team or develop community environments for the elderly to cater to their various needs and demands with protection and prevention in order. Coverage of protection, support, and other facilities for the elderly should expand not only to include the age of retirement which is 60 years old but also the vulnerability of the person involved starting at the age of 45 among women. Women remain as the more vulnerable gender when it comes to abuse, maltreatment, and neglect. Their physical inferiority is complicated by societal roles and expectations that relegate them as the “sufferers” of many communities. This should be considered in the legislative process. In addition, recommendations already mentioned above such as detection of abuse and the immediate employment of justice should also be in place for elderly victims. Detection prevents successive acts when proper interventions are at hand and penalties are swift. While studies have not mentioned the efficacy of successful incarceration of offenders, it prevents other members of the population from being victimized. The introduced bills currently on debate in the lower and upper houses are significant developments towards the achievement of protective as well as deterrent measures for elderly abuse. Their passage will establish more secure environments for the vulnerable elderly as well as improve systems of APS that are currently in effect. Properly trained personnel that deal with the elderly population will ensure prevention of abuse as well as immediate detection of maltreatment on victims. Likewise, more skilled professionals in elderly facilities will start the cultivation of more sensitive care providers that could help victims cope with their difficult experiences. Most importantly, the allotment of funds to provide for care and treatment of abused elderly will ensure that the older population will not remain a voiceless and neglected part of the society. References Amendola, K., Slipka, M., Hamilton, E., and Whitman, J. (2010) The Course of Domestic Abuse Among Chicago’s Elderly: Risk Factors, Protective Behaviors, and Police Intervention. Police Foundation Report. American Bar Association Commission on Law and Aging (2005). Information about Laws Related to Elder Abuse. Prepared for the National Center on Elder Abuse. West Group. Breinholt, J. (2004, Fall). How about a little perspective: The USA Patriot Act and the uses and abuses of history. Texas Review of Law & Politics, 9(1), 17-61. Burgess, A.W. (2006). Elderly Victims of Sexual Abuse and Their Offenders. U.S. Department of Justice. Erlingsson, C. 2007. Searching for elder abuse: A systematic review of database citations. Journal of Elder Abuse & Neglect, 19, 59-78. Fabelo, T. (1999). Elderly Offenders in Texas Prisons. The Texas Department of Criminal Justice. Criminal Justice Policy Council. Austin, Tx. McNamee, C. and Murphy, M. (2006). Elder Abuse in the United States. National Institute of Justice Journal 255. US Department of Justice. National Criminal Justice Reference Service (2011). Elderly Abuse. Accessed from https://www.ncjrs.gov Roberto, K.A. & Teaster, P.B. (2005). Sexual abuse of vulnerable young and old women. Violence against Women, II(4), 473-504. Teaster, P.B., et al. (2003) A response to the abuse of vulnerable adults: The 2000 survey of state Adult Protective Services. Washington, D.C.: National Center on Elder Abuse. Tjaden, P., & Thoennes, N. (1998). Stalking in America: Findings from the National Violence against Women Survey. Washington, DC: US Department of Justice, National Institute of Justice, and Centers for Disease Control and Prevention. Read More