Elder Abuse for Police Roll Call Trainers

NYC Elder Abuse Training Project, 2004

Elder Abuse

the physical, sexual, emotional or financial abuse or neglect or abandonment of an older person by a family member, friend, fiduciary, or caregiver

Two or more types of abuse often simultaneous

Abuse/Neglect:Signs in the Victim Inadequately explained wounds Dehydration Unusual confinement Lack of cleanliness Fear of speaking for self Shame, embarrassment, anxiety,

confusion, withdrawal, depression

Abuse/Neglect: Signs in the Abuser Tells conflicting stories Reluctant to let the elderly person be

interviewed alone Speaks for the elder Treats the older person without

warmth or compassion

Abuser’s Background

Key risk factors:Addiction (alcohol, drugs, gambling) Previous history of abuseLives in home of victimUnemployed

Environmental Signs

Unsanitary and unclean living conditions

Lack of food, heat or electricity Abused or neglected pets Strong odors (e.g., feces, urine)

Financial Exploitation:Signs in the Victim

Deviations in elder’s financial habits Numerous unpaid bills Checks made to cash Financial papers missing Elder unaware of monthly income Unprecedented transfer of assets

Financial ExploitationSigns in the Abuser

Makes all investment decisions for elder Uses elder’s ATM cards Makes withdrawals from dormant

account Receives expensive gifts from elder Refuses to spend money on care Asserts powers based on Power of

Attorney

Response to Elder Abuse

1. Obtain medical services if needed.2. Determine if probable cause for arrest.3. Gather evidence to base prosecution.4. Provide for well-being of victim.

• Safety check• Referral

Safety Check

Any dangerous conditions? Clutter? Refrigerated food unspoiled? Elder have eyeglasses or hearing aids

if needed? Dangerous objects (includes guns,

especially if person has dementia)?

Referral to Community Agencies

Area agency on aging Home delivered meals program Adult Protective Services Senior centers Alzheimer’s programs

Safety Planning

Help at-risk survivors make safety plans Domestic Violence agencies Sexual assault agencies Crime victim programs

Key Referral Numbers

Call 311 for help any time finding any NYC service

Domestic Violence hotline1-800-621-4673 (New York City)

Sexual assault hotline1-800-656-4673 (National)

Barriers to Successful Prosecution Victim may be reluctant if perpetrator

a family member or caregiver May be unable due to testify due to

mental or physical impairments May die before trial

Build case without relying on testimony of the victim; Gather evidence

Statutes and Charges

Few specialized laws in NY State Bring conventional charges, such as

menacing, harassment, assault, larceny

Look for multiple crimes and “bump-ups”

4 “Elderly/Disabled” Statutes

Endangering the welfare of an incompetent or physically disabled person, P.L. §260.25

Endangering the welfare of a vulnerable elderly person, 2nd degree, P.L. §260.32

Endangering the welfare of a vulnerable elderly person 1st degree, P.L. §260.34

Hate Crimes Act of 2000, P.L.§485.05

The Hate Crimes Act

Includes age (over 60) and disability as targeting factors

Does not add new charges Increases penalties for crimes based

on targeting factors such as race religion, national origin, sexual orientation, age (60 or over), or disability

Intimate Partner Violence

Not limited to young May worsen or change pattern Onset may be caused by dementia Mandatory arrest protocols apply

regardless of age Domestic violence laws and

procedures apply

Orders of Protection

Often appropriate for elderly victims Written to keep abuser away Written to keep abuser from

performing financial transactions Can order abuser to attend drug or

alcohol treatment program

Interviewing Older Victims

Requires skill and patience Offer memory cues If hearing impaired, eliminate

background noise and use visual cues and writing

Try larger type for visually impaired

Alzheimer’s disease and Dementia

Victims can provide useful information Be calm and reassuring Observe reactions If upset, use distraction to refocus Get help from social workers

Cultural Issues

Behaviors may not be considered abusive

Some consider “family matters” private

Some immigrants fear police Some immigrants are unaware of their

rights Empathy can help reduce fears

Language

Determine what language victim prefers

Find impartial interpreter No family or friends

Could be abuserCould give inaccurate translationPresence could inhibit victim

Cross-cultural communication

Address by last name Touching may be considered intrusion Groups can value or discourage eye

contact Culture not predictive; each case

unique