Is Elder Abuse a Punishable Crime?

Older adults often represent some of the most vulnerable members of our population. Sadly, there are bad actors who prey on the elderly, abusing them physically, emotionally, sexually, or financially. There are laws at the federal level and at many state levels specifically designed to protect older citizens and punish those who abuse them. 

Along with criminal charges that can affect their finances and their freedom, abusers can face civil claims putting further stress on their finances by requiring them to pay their victims compensation. If you or a loved one has experienced elder abuse, contact an elder abuse attorney from GKBM to get the justice you deserve.

What Is Elder Abuse?

Elder abuse takes many forms, can happen in a variety of places, and can be carried out by supposed “loved ones,” caregivers, or total strangers. The mistreatment of older adults, whatever form it takes, is abuse. 

• Physical abuse: actions that bring physical harm to victims, such as slapping, punching, or restraining them against their will
• Emotional or psychological abuse: behaviors damaging victims’ emotional or mental health. Belittling, berating, threatening, ignoring, and isolating victims from friends or relatives fall into this category
• Sexual abuse: forcing sexual acts upon non-consenting victims or forcing them to watch sexual acts
• Neglect: failing to respond to victims’ needs, whether physical, social, emotional, or medical
• Financial abuse: stealing victims’ money, belongings, or identity, accessing their bank accounts or credit cards and using them for personal gain, “scamming” victims into handing over money or assets, and double-billing or committing other acts of healthcare fraud are examples of financial abuse

Abuse can occur in the victims’ home, a nursing care facility, a relative’s home, a doctor’s office, or, especially in cases of financial abuse, over the phone or online. Wherever it happens and whoever inflicts it, elder abuse is unlawful.

Federal Protections Against Elder Abuse

Under the Elder Justice Act, passed in 2010, the federal government established protections for adults over 60 years and punishments for abusers. The goal of the act is to prevent, expose, treat, or otherwise intervene in elder abuse situations and prosecute those responsible for perpetrating abuse, neglect, or exploitation. 

The Act also establishes rules for reporting abuse at long-term care facilities, making owners, operators, employees, health care staff, managers, agents, and contractors responsible for reporting suspected abuse and imposing penalties for failure to report. Additionally, the Act protects those who do report abuse from retaliation. 

Those who fail to report can face civil penalties of up to $300,000 if their failure caused increased harm to victims or great bodily injury or harm to other victims. Further, facilities and owners can face a $200,000 fine and have their federal assistance cut off if they retaliate against reporters.

The Elder Justice Initiative

The United States Department of Justice also oversees the Elder Justice Initiative (EJI), whose mission is “to support and coordinate the Department’s enforcement and programmatic efforts to combat elder abuse, neglect, and financial fraud and scams that target our nation’s older adults.”

The EJI offers comprehensive information on federal and state laws governing elder abuse and direction for prosecutors seeking to hold abusers accountable for their criminal actions. 

State Laws Against Elder Abuse

States have the authority to establish their own laws, criminal punishments, or civil actions against elder abuse. 

Arkansas

Along with civil statutes governing elder abuse, Arkansas has criminal laws against elder abuse, with a range of punishments depending on the severity of the abuse. Abusers can be charged with Class, B, C, or D felonies or Class A or B misdemeanors.  

Felonies are punishable by years in prison and fines. Misdemeanors bring fines and the potential for up to one year in jail. 

Mississippi

Mississippi has similar civil statutes and criminal laws against elder abuse. In addition, they have punishment enhancements for criminal acts victimizing the most vulnerable. 

Mississippi Code 99-19-351 states, “The penalty for any felony or misdemeanor which is a crime of violence or the crime of burglary or breaking and entering the dwelling of another shall be subject to enhancement if…committed against any victim who is sixty-five (65) years of age or older or who is disabled.” 

Mississippi Code 99-19-351 states, “The penalty for any felony or misdemeanor which is a crime of violence or the crime of burglary or breaking and entering the dwelling of another shall be subject to enhancement if…committed against any victim who is sixty-five (65) years of age or older or who is disabled.” 

Tennessee

Tennessee also has civil statutes against elder abuse and several laws specific to elder abuse. Penalties range from the misdemeanor level to Class B felonies.

When an abuser is charged in criminal court, victims can still file a claim in civil court to demand compensation for the losses incurred by the abuse. If you or a loved one experiences elder abuse, a compassionate, dedicated elder abuse attorney from GKBM will work to hold the abuser accountable for restoring your losses and acknowledging their wrongdoing. 

Getting Justice for Elder Abuse

For criminal acts warranting criminal charges, we need abusers brought to justice. Abuse is more than a criminal act. It is personal, and victims deserve the opportunity to hold their abusers accountable.

An elder abuse lawyer can help you get this personal vindication. The team at GKBM will treat your case with sensitivity while still fighting fiercely for justice. After reviewing your case and your losses, your attorney will make a settlement demand that includes the following:

• Economic damages: These consist of abuse-related medical bills or treatments, including counseling. If your abuser stole from or defrauded you, your settlement will demand recovery of those financial losses.
• Non-economic damages: Non-economic damages involve placing a monetary value on your pain, distress, and reduced quality of life.
• Punitive damages: Some states allow an additional financial recovery on the abuser as a means of monetary punishment. Arkansas, Mississippi, and Tennessee all allow for punitive damages.

Fight Against Elder Abuse

Abusing the elderly is unconscionable. Those most vulnerable deserve to be treated with dignity, compassion, and care, and they must be protected. Upholding laws and holding abusers accountable is one important way of preserving the dignity of and protecting older adults. 

If you or a loved one has experienced elder abuse, reach out to an elder abuse lawyer from GKBM. We will help you reclaim your stolen property, dignity, and sense of safety, by holding your abuser responsible for their actions.