Schmidt also alleges both law enforcement and the judicial system are ill prepared to deal with an expected glut of elder abuse cases. He points out that with rare exception police, prosecutors, the courts and protective services agencies are all understaffed, under-trained and underfunded. With government continuing to suffer from lower tax revenues and higher expenses, these imbalances are not likely to right themselves any time soon.
Greenwood, the San Diego prosecutor, says investigators can make perfectly good criminal cases by looking at the totality of the evidence. Consider his example: The perpetrator of a paving scam enters the home of the elderly victim where the victim writes a large check. The perpetrator takes the check, does a small amount of work and leaves, never to return. Some officers would consider this a civil case, but Greenwood says not only is it a criminal matter, but investigators should file additional charges.
“I would consider this a residential burglary,” he says.
Paula Mixson, a certified guardian and the clerk of the National Committee for the Prevention of Elder Abuse (NCPEA), says many older adults find it difficult to reconcile the neglectful and abusive behaviors of their children with their views of themselves as parents. “The parent often sees the child’s behavior as a failure in their own parenting,” Mixson says, adding that it’s also common for parents to continue to want to protect the child, even though he or she may be abusive. “The parent still feels a duty to protect and nourish the adult child. They aren’t willing or able to allow the child to face the consequences of his or her actions,” she says.
The advocate for older citizens and their safety points to a case in which an adult child pushed his mother down a staircase, but the victim refused to help the prosecution because she was afraid if her son was unable to live with her he’d become homeless. Because so many who are victimized simply don’t want to blow the whistle on their children, Mixson says it’s often up to a third party to contact police or APS.
Letter to NCPEA: I am a nurse and work for a private care family. I believe there is financial and emotional abuse occurring within the home of a 70-year-old woman and 94-year-old woman. The daughter who lives next door...takes all of the mother’s checks claiming they shouldn’t be around caregivers, however, I found out she was using her mother’s check books to pay for services such as the cleaning of her own home...
Many senior abuse victims dislike admitting they’ve been scammed, and that makes them prime targets for paving and roofing scams, Nigerian 419s and other con games. When they are conned, they run the risk of appearing foolish. Schmidt of the University of Louisville says several common denominators exist among victims, such as low social support and previous traumatic event exposure (interpersonal and domestic violence). “High social support could help prevent abuse,” says Schmidt.
A team approach
Candace Heisler, a retired assistant district attorney from San Francisco and authority in the investigation of elder abuse cases, says one of the biggest errors any agency can make is in conducting unilateral investigations. Heisler advocates for the team approach.
“Law enforcement needs to meet their community partners, including Adult Protective Services, because there are resources that will assist them and their victims. Law enforcement can’t do this alone, shouldn’t do this alone,” she says.
Heisler says there’s hope for increasing prosecution of elder abuse cases. “I see law enforcement participating on greater levels than ever before,” she says. But she believes that a community-based approach is necessary because both police and APS are dependent on others to report suspected cases of abuse.
She also notes that, although the general conception is that most cases of elder abuse are built around seniors who lack the capacity to report the abuse and/or defend themselves, this is not true in every case. While many victims are frail and suffer from forms of dementia, there are also victims who are capable of helping in the prosecution of their own cases.
When it comes to collecting enough evidence to prosecute, Heisler says officers and prosecutors must take the time to gather it. “We have to be good listeners; we have to approach the victim carefully, as we should with other kinds of victims, like domestic violence and sexual assault,” she says.