The Need for a Stronger Definition: Recognizing Abandonment as a form of Elder Abuse Across the United States

Elder abuse is a growing public health problem in the United States and statistics show that each year, hundreds of thousands of elders are abused in some manner. This Note discusses elder abuse while focusing specifically on the occurrence of elder abandonment and how the majority of states do not recognize elder abandonment as a form of elder abuse in their statutes. Moreover, this Note proposes a model statute to be adopted by every state in an effort for elder abandonment to become more widely reported. Elder abandonment is an unfortunate phenomenon and those who contribute to elder abandonment should face criminal liability similar to those abusers who engage in elder neglect or other types of elder abuse. Furthermore, this Note emphasizes that there should be a greater focus on how caregivers can seek assistance in order to prevent elder abuse in the United States.     

Understanding Elder Sexual Abuse and the Criminal Justice System's Response: Comparisons to Elder Physical Abuse

A great deal of research has considered the dynamics of sexual assault and the way that sexual assault cases are processed and handled in the criminal justice system. Most of this research has focused on sexual assault cases involving younger victims. Very little criminological research has considered the dynamics of elder sexual abuse. To fill this void, the current study uses a sample of 127 elder sexual abuse cases and 314 elder physical abuse cases to shed some light on the dynamics of elder sexual abuse and the way the justice system processes these cases. Attention is also given to the way that the processing of elder sexual abuse cases can be distinguished from the processing of elder physical abuse cases. Results show that a wide range of elder sexual abuse cases are committed and these cases are processed differently than elder physical abuse cases. Implications are provided.     

THE PROCESS OF CRIMINALIZATION: THE CASE OF COMPUTER CRIME LAWS*

Scholars are rarely afforded contemporary opportunities to study the formation of criminal law. This paper reviews state and federal efforts to criminalize various forms of computer abuse. The analysis indicates that there was neither organized opposition to nor significant interest group involvement in computer crime enactments. Individual reformers included computer crime “experts” and legislators rather than “moral entrepreneurs.” The media were crucial to the criminalization, in that they provided both data on the incidence of computer crime and also helped to define society's response to the perceived problem. The paper concludes that the criminalization of computer abuse can be interpreted as a symbolic endeavor to educate and socialize a new generation of computer users by extending traditional definitions of property and privacy.     

Elder Abuse by Caregivers: A Study of Prevalence and Risk Factors in Hong Kong Chinese Families

This study aimed to establish preliminary estimates and related risk factors for elder abuse among Hong Kong Chinese families. A total of 276 elder Chinese participated in the study, among which 27.5% reported having experienced at least one abusive behavior committed against them by their caregivers during the surveyed year. The most common form of abuse was verbal abuse (26.8%), whereas physical abuse (2.5%) and violation of personal rights (5.1%) were relatively less common. There was no gender difference in the prevalence of elder abuse. Overall and verbal abuse were best predicted by participants' poor visual and memory abilities, dependence on the caregivers, and caregivers' nondependence on them. Physical abuse was best predicted by caregivers' nondependence on the participants as well as participants' dependence on the caregivers. Participants' age was the only significant predictor for violation of personal rights. Results, limitations, and implications of the study were also discussed.     

A Path Analysis on Elder Abuse by Family Caregivers: Applying the ABCX Model

The purpose of this study was to investigate Hill’s ABCX model as an explanation for the caregiving stress process to elder abuse. However, due to ethical concerns on elder abuse studies, caregivers’ impulsive feelings to commit elder abuse were employed as an index to address elder abuse. The sample included 279 family caregivers for older adults with physical or cognitive impairments in South Korea. A path analysis was conducted to test the ABCX model. The results of path analysis did not statistically support the ABCX model as an explanation for caregivers’ impulsive feelings to commit elder abuse. Based on the findings of this study, the revised ABCX model was suggested for practitioners and researchers to better understand caregiving stress process to impulses of elder abuse.     

Thymus and adrenal glands in elder abuse

Endogenous glucocorticoid-induced thymic involution is generally considered to be an important finding for determining child abuse. The present study investigated the weight of the thymus and the adrenal glands in elder abuse cases to identify a potential marker for elder abuse. There was no significant difference in the thymus and the adrenal weight between elder abuse and control cases. However, the elder abuse cases in which the duration of abuse was less than 3 months showed a significant increase in the adrenal weight in comparison to control cases. In such cases, histopathological findings showed a loss of intracellular light granules from the zona fasciculata, which might indicate a loss of cholesterol due to the overproduction of glucocorticoid. These results might imply that the elderly, who were maltreated for less than 3 months, were in the early phase of a long-term stress state during which stress-induced overproduction of glucocorticoid was observed in adrenal glands as indicated by Selye. Our results suggest that an increase in adrenal weight may be a potential marker for elder abuse of relatively short periods, especially less than a few months.     

The portrayal of elder abuse in the national media

Over the last two decades, researchers and policy makers have begun to devote more attention to the problem of elder abuse. Still, compared to studies on other types of family violence, research on elder abuse is scarce. To better understand how elder abuse is portrayed in the media and using “newsmaking criminology” as a theoretical framework, this study considers how 11 newspapers describe the phenomenon. In all, 530 articles about elder abuse were content analyzed using standard rules of content analysis. Results suggest that certain types of elder abuse are excluded from the press. In addition, the press tends to define elder abuse as a crime, but not as a domestic violence offense. Implications are provided.     

Public Perception and Reporting of Different Kinds of Family Abuse in Hong Kong

The prevalence and serious consequences of family violence have given rise to massive research efforts. However, there is often a discrepancy between the official definitions and public perception of child abuse, elder abuse, and spouse abuse cases. Under-reporting is common due to lack of awareness of the abusive behaviors by the public. Differences between perception of abuse and reporting are well documented in the context of single group of victims. However, research studies on the differences in perception and reporting of different forms of abusive behaviors that occur to victims of child abuse, spouse abuse, and elder abuse are scarce. The present study attempts to examine whether perception and reporting of abuse will be different with respect to who the victim is and how the victim is abused. Findings show that perception and reporting of abusive behavior differ with respect to the victims of abuse and to the nature of abusive behaviors. Implications of these differences and directions for practice are discussed.

Caregiver Stress and Elder Abuse among Korean Family Caregivers of Older Adults with Disabilities

This study aims to identify risk factors and mediating factors of elder abuse among older adults with disabilities being cared for by their family caregivers. The data were based on a sample of 1,000 primary family caregivers from the Comprehensive Study for the Elderly Welfare Policy in Seoul (2003). Hierarchical regression analysis was conducted to identify significant indicators for the degree of elder abuse, such as cognitive impairment, functional ability (ADL), caregiving involvement, economic strain, caregiver burden, and social support for the degree of elder abuse. In the full model, ADLs, cognitive problems, economic strain, caregiver burden, informal social support, and formal social support were significantly associated with elder abuse. The findings suggest that psychosocial support services and programs for family caregivers are needed to prevent and reduce the prevalence of elder abuse in South Korea. The research data were drawn with permission from the Seoul Development Institute and this project was funded by the Seoul Metropolitan City Mayor’s Office, Welfare & Women’s Bureau.     

Degrees of Memory of Childhood Sexual Abuse Among Women Survivors in Therapy

Past and current memory for childhood sexual abuse reported by a clinical sample of 160 women survivors was assessed utilizing a structured clinical interview. Response alternatives for memory were ordered along a continuum. To minimize treatment effects, participants were interviewed as early in therapy as possible. Fairly complete recollection both in the past and currently was reported by 26.3% of the sample, 36.9% apparently lost and subsequently recovered sexual abuse memories, and 36.9% endorsed intermediate degrees of memory. Only 2.5% indicated a decrease in degree of recollection over time. Age at onset was the only abuse characteristic found to differentiate participants with fairly complete memory from the rest of the sample. Findings are interpreted as illustrating that conclusions about memory for abuse are highly dependent on the way inquiries are conceptualized and worded.     

The Neglect of Elder Neglect as a White-Collar Crime: Distinguishing Patient Neglect from Physical Abuse and the Criminal Justice System’s Response

While research on elder maltreatment has increased dramatically over the past three decades, few studies have considered elder neglect. Even fewer studies have addressed cases of patient neglect committed while older adults are receiving long-term care. In this study, we analyzed 252 cases of elder maltreatment to increase understanding about elder patient neglect and the way that patient neglect can be distinguished from patient abuse. The criminal justice system’s response to these crimes is also addressed. The results show that offenders in elder patient abuse and patient neglect cases receive similar sentences. However, the dynamics surrounding the offenses are different in important ways. Patient neglect cases are more likely than patient abuse cases to (1) involve multiple victims, (2) be committed in groups, (3) be white-collar crimes rather than occupational crimes, and (4) result in more serious consequences for victims. Implications for policy, theory, and research are provided.     

Beyond Traditional Definitions of Assault: Expanding Our Focus to Include Sexually Coercive Experiences

Traditionally, studies examining sexual assault have not considered experiences of coerced consensual sex. This study sought to compare women who endorsed experiences of coerced sexual intercourse with women who reported more traditionally defined experiences of sexual assault and with a group of women who had experienced neither sexual assault nor coercion. The authors hypothesized that women who had experienced sexual coercion would show symptom elevations on a measure of interpersonal trauma-related symptoms that were more consistent with sexual assault victims than with non-victims. Among a sample of undergraduate college women (N=300), women who endorsed coerced sexual intercourse (8.7%) were compared to women endorsing experiences meeting the legal definition of rape (21%), women endorsing childhood sexual abuse (11.7%), women reporting both rape and childhood sexual abuse (6.0%), and women reporting no victimization experiences (52.7%). Analysis of the Trauma Symptom Inventory (TSI; Briere, 1995) clinical subscales confirmed that women who reported coerced sexual intercourse endorsed symptoms levels more consistent with the adult rape group than with the non-victim group.     

Unsettled Times for American Families

In Caring for Our Own: Why There Is No Political Demand for New American Social Welfare Rights (2014), Sandra Levitsky reveals how an enduring ideology of family responsibility and a decoupling of social support groups from organized advocacy constrains mass legal mobilization to address long‐term elderly care in the United States. This essay argues that American families have entered an unsettled period linked to social inequality, young adult living arrangements, immigration, and institutional shifts related to LGBTQ families, workplace‐family conflict, and the criminalization of elder abuse. These changes to the family may create the conditions for questioning the ideology of family responsibility and new possibilities for collective action with potentially contradictory meanings and lines of action, including politicization and legal mobilization.     

Clinical case management: a strategy to coordinate detection, reporting, and prosecution of elder abuse

Despite civil and criminal sanctions, elder abuse is a prevalent, underreported, and underprosecuted event in the United States. Traditional reporting legislation and common law remedies have had minimal effect on the incidence and prevalence of elder abuse. The epidemic nature of elder abuse is projected to increase exponentially as the elderly population grows disproportionately over the next several decades. The fragmented system of detecting, reporting, and prosecuting this abuse across a wide range of medical and legal settings creates a poor structure to effectively allow a potentially abused patient to have his/her abuse circumstance communicated to the relevant parties to protect the patient, have his/her situation reported and investigated, and, if necessary, have the perpetrator brought to justice. Emergency rooms and other facilities where elders present for care should be staffed by clinically trained persons who have familiarity interacting with patients and providers across settings of care, and who are trained to detect and report abuse. Nursing case managers fill this role well because they are able to coordinate efforts among acute and long-term care facilities while also being able to supply patients with legal and clinical information about elder abuse. In addition they may support prosecution efforts through their clinical observations and expertise. Hence, clinical case managers are able to coordinate efforts lacking in the current system to effectively evaluate, report, protect, and arrange for relevant services for the patient. Through clinical and special training in elder abuse, nursing case managers can provide support to prosecution efforts against the perpetrators of this most egregious crime.     

An integrated understanding of elder abuse and neglect

In the past three decades, society has developed interest in what has come to be called elder abuse. Since interest initially appeared, concern about elder abuse has gone through different cycles regarding the conceptualization of the problem, appropriate responses, and explanations. A recent trend has witnessed a call for an interdisciplinary and integrated understanding of, and response to, elder abuse. This article describes what is meant by an integrated response to elder abuse. Ways to promote a broader response to the problem are suggested.     

Abuse and neglect: a ten-year review of mortality and morbidity in our elders in a large metropolitan area

Elder abuse and neglect refers to an act or omission resulting in harm, including death, or threatened harm to the health or welfare of an elderly person. Between one and two million elderly Americans experience some form of mistreatment annually. A ten-year (1992-2001) retrospective case review of morbidity and mortality among elders (age > 60 years) was conducted at a State Medical Examiner's Office serving a major metropolitan region in Kentucky and Indiana. This study addresses cases of two categories: 1) medicolegal autopsies and 2) examinations of living subjects pursuant to a Clinical Forensic Medicine Program. The authors present 74 postmortem cases, in which 52 deaths were attributed to a homicidal act and 22 deaths were suspicious for neglect. Of the 22 living victims of elder abuse and neglect, 19 cases constituted physical and/or sexual assault and three individuals suffered from neglect. This study summarizes the characteristic features of elder abuse in both postmortem and living cases and underscores the necessity for multi-agency collaboration in order to reach an accurate conclusion in case work. Policies established by a well-established elder abuse task force promote the collaborative interaction necessary to formulate criteria for prevention of abuse and death within this vulnerable population.     

Current perceptions of marital rape: some good and not-so-good news

The current study extends previous research on marital rape and acceptance of general rape myths by comparing the perceptions of undergraduate college students (n = 85) to those of college alumni/ae (n = 44) who graduated from the same university three decades earlier. Participants read a hypothetical rape scenario that depicted the perpetrator as either the victim's husband or neighbor and completed three measures of different aspects of rape myth acceptance. Results indicated that although participants reported fairly low levels of support for different aspects of rape myths, certain rape myths were more strongly endorsed than were others. Furthermore, rape myth acceptance was stronger for marital rape than for acquaintance rape and for undergraduates than for college alumni/ae. Practical and theoretical implications of this study are discussed.     

Elder abuse in nursing homes: Prevention and resolution strategies and barriers

Recent concern about elder abuse prompted a great deal of research on the characteristics and risk factors for abuse. Most of this research, however, centered on the abuse of older persons living in a community-based setting. Much less research examined abuse occurring in nursing homes. Using routine activities theory as a guide, this article reports on a survey of seventy-six nursing home administrators with specific attention given to the elder abuse prevention and response strategies cited by nursing home administrators. Obstacles impeding successful prevention and intervention efforts were also considered.