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While both men and women may be the victims of elder domestic violence, stalking, and sexual assault, statistically the overwhelming numbers of suspects are men and victims are women.
Therefore, for purposes of clarity we will generally refer to suspects as male and victims as female.
Why Are We Discussing Elder Domestic Violence?
Severely underreported Historically domestic violence among
older adults was treated as caregiver stress or “elder abuse” but not domestic violence Legal remedies available in domestic
violence not employed Aging of the US population
Elder Demographics
Aging In the U.S.
The United States is Aging... By 2030, there will be more persons
over 65 than under the age of 18 By 2030, 70 million seniors, more than
twice their number in 1990 In 2000, elderly were 13% of
population; in 2030, elderly will be 20%
Demographics Persons 65 and older numbered 35
million in 2000 This is an increase of 3.7 million, or
12%, since 1990 Nearly 1 in 8 persons, 12.4% of the
population, is at least 65 years old Nearly 400,000 grandparents aged
65 and older are raising their grandchildren
Demographics
5,574 persons celebrate their 65th birthday every day Over 2 million persons in 2000
By 2030, the older population will more than double to 70 million persons
The population aged 85 and above will increase from 4.2 million in 2000 to 8.9 million in 2030
Persons 100 and Older
There were 50, 545 persons aged at least 100 in 2000 This is a 35% increase from 1990 when
the number was 37,306
Minority Elderly In 2000 minority elderly were 16.4% of the
elderly population By 2030, minority populations will represent
25.4% of the elderly Increases in elderly population 1999-2030
Whites 81% Hispanic 328% African American 131% American Indian, Eskimo, Aleut 147% Asians and Pacific Islander 285% All minorities 219%
Demographics
23% of the elderly reside in rural areas
About 3.4 million elders lived below the poverty level in 2001. 2.2 million seniors were classified as “near poor”
States Where the Elder Population Increased by 20% or More Between 1990 and 2000
Nevada Alaska Arizona New Mexico Hawaii Utah Colorado
Delaware South Carolina Wyoming Texas North Carolina Idaho Georgia
Incidence of Elder Abuse
Approximately 5% of the elderly are believed to be victims of elder abuse annually
Severely underreported (1 in 5 to 1 in 14)
About 30% is believed to be financial abuse; about 50% is neglect
Most occurs in the community; not in institutions
Elder Domestic Violence: What This Session Will Cover
Definition of domestic violence Understanding the dynamics Abuse in late life: similarities and
differences to domestic abuse in younger persons
Barriers for victims seeking to escape the abuse
Relationship to caregiver stress
Relationship Between Elder Abuse and Domestic Violence
Domestic Violence
Elder Abuse
Elder Domestic Violence
Elder Domestic Violence
A Pattern of…
Increasingly frequent and severe
physical, sexual, verbal, emotional,
spiritual, and economic abuse,
instilled through the use of fear
and coercion, for the purpose of
obtaining power and control
The Power and Control Wheel
What Is Abuse in Late Life? Abuse of an older or vulnerable person
in a trusted, on-going relationship Abuser is usually a family member or
caregiver Basis is “power and control” Some of the tactics are different from
domestic violence among younger adults
Late Life Domestic Violence
Partner/spouse DV grown old New relationship “Reverse” DV
In long term relationship when suspect becomes weak
Previously abused spouse is more able bodied and may abuser’s caregiver
Former victim neglects or abuses former suspect (role reversal)
Late Life Domestic Violence
Other family members Abused by other family members
Organic based violence Often confused with DV
Person cannot control behavior
Non-targeted violence
What About Caregiver Stress?
Early theory of elder abuse Assumes a well-intending, normally
competent caregiver Becomes overwhelmed and lashes
out High stress and low resources results
in maltreatment
Limitations of Caregiver Stress
Not supported by more recent research (pointing to domestic violence)
Identifies the victim as the “problem”
Abuser feels validated Leaves victim in harms way Victim may become hopeless
The Hard Questions Why do elderly victims stay?
What are the barriers to victim safety for elderly abused persons?
Economic insecurity – cannot obtain employment Rely on abuser’s retirement or other income
Lack of affordable and appropriate housing Complex health care needs or infirmities of
aging Rely on abuser’s medical insurance
Lack of accessible services Many shelters are not ADA compliant
Barriers to Leaving and Safety
No place to go—do not want to leave a home of many years Shelter may not have program for elderly Shelter may be too noisy, chaotic, or
confusing to elderly Shelter may not have older volunteers or staff Shelter may be unable to assist elderly victim Shelter be unable to meet medical or care
needs of a victim such as a care helper
Barriers to Leaving and Safety
Barriers to Leaving and Safety
Rejection by family members Loss of decision making power Denial and self blame Fear of starting over Male victims
Where place? Hotels? Are they safe? Homeless shelters?
Barriers to Leaving and Safety
Generational and religious values
May be abuser’s care giver
Religious views may not support leaving
the marriage or relationship
Societal message to stay and care for
spouse
Lack of information about the elderly, elder programs, and resources
Lack of services in the domestic violence network
Lack of response by criminal justice system
Criminal justice system inexperience, limitations, and obstacles
Professional frustration
Barriers to Safety: Systems and Professionals
Importance of Barriers for Professionals and the CJS?
Victim can’t help you until their needs and concerns are acknowledged
These are the reasons victims recant, disappear, or refuse to “cooperate” This is how the suspect controls the victim
Can help build rapport Show that you understand some of their situation
Can help enhance victim safety
Complexity of Elder Domestic Violence
Barriers cannot be addressed just by criminal justice system Lack of time, resources, expertise Too complicated for any single system
Need to work with other systems Multidisciplinary coordinated response is
most effective
What Can Happen When Elder Domestic Violence is Not Addressed
Elder stalking Elder homicide
Stalking Stalking is a pattern of conduct that
produces fear It is a campaign by the stalker and is life
changing for the victim “The ominous threats, constant surveillance,
and intrusion into the victims’ lives have long-term, damaging psychological effects. Living in fear takes a toll on the quality of life.”
Hall, D. (1998) “Victims of Stalking” in Meloy, J. R. (Ed.) The Psychology of Stalking, Academic Press: San Diego, pp. 113-137
Stalking Most involves persons who know one another
including current and former intimate partners 38% are current or former husbands; 10% are current and former cohabitating partners 14% are current and former boyfriends
Intimate partners who stalk are four times more likely than the general population to physically assault their victims and six times more likely to sexually assault their victims. National Institute of Justice, 2001
Stalking Goal is to win the victim back or exact
revenge for the perceived slight of leaving About 60% began before the relationship ended In the context of domestic violence, it begins when
the batterer believes he is losing or has lost power and control over the intimate partner.
The batterer, unable to accept rejection and her leaving, will harass, threaten and assault her.
Stalking Women are significantly more likely than men
(60 to 30% respectively) to be stalked by an intimate
80% of women stalked by former husbands are also physically assaulted by the partner and over 30% are sexually assaulted
Where stalking victims obtained restraining orders, 69% of women and 81% of men said their stalker violated the order.
New Research from National Violence Against Women Survey
Rates of domestic violence and stalking about same for older victims as younger ones
Most victims are women Average age of victims is 66.4 years Over two-thirds are unemployed One-third have a disabling chronic disease
or condition Jasinski and Dietz (2003) Journal of Elder
Abuse and Neglect, 15(1) , 3-18
Elder Homicides Few Medical Examiner-Coroner
protocols Little training in identification of elder
abuse or elder domestic violence for coroner staff and first responders
Staged homicides Made to look like naturals Open financial abuse case?
Elder Homicide-Suicide New research area led by Dr. Donna Cohen Key research at University of South Florida
has examined homicide-suicide cases since 1988
1000-1500 cases annually in US 83% involve spouses and intimate partners Perpetrator is always the male partner Guns used more than 90% of the time
In domestic violence situations victims were shot or stabbed multiple times
Key Factors One third of all cases involve partners with a
history of domestic violence All involve an overvalued attachment of the
perpetrator to the victim and a desire to maintain the integrity of the relationship when threatened with separation or dissolution
High incidence of perpetrator untreated and undetected psychiatric problems, especially depression
Significant Findings The younger the older couple, the greater
the likelihood the control issues in the relationship and domestic violence will lead to the homicide-suicide
Not acts of altruism or love, but desperation and depression
Not suicide pacts; the abuser has thought about it for months and sometimes years and the victim is not a willing participant
Cohen, 2000, pp. 196, 197
What are the Implications of This Data?
Importance of psychological evaluation of elder DV perpetrators Especially depression
Avoid minimizing the danger Affects filing and disposition approach by criminal
justice system Use available remedies to remove firearms
Value of earlier legal interventions Educate the victim about the potential danger Monitor offenders on court supervision for
changes in behavior, health status
Bibliography
Journal of Mental Health and Aging, “An Update on Homicide-Suicide in Older Persons: 1995-2000” Vol. 6, No. 3 (Fall, 2000)
American Journal of Psychiatry, “Homicide-Suicide in Older Persons” 155:390-396 (March, 1998)
Geriatric Times, “Caregiver Stress Increases Risk of Homicide-Suicide” Vol. 1, No. 4 (Nov/Dec 2000)
“A Statewide Case-Control Study of Spousal Homicide-Suicide in Older Persons” supported by the NIMH Fellowship and the Retirement Research Foundation (Co-author Julie E. Malphurs, Ph.D.)
Effective Coordinated Responses
Response is a Team Sport We have to work together to be
effective
Coordinated Community Response
ReligiousReligious
LeadersLeadersReligiousReligious
LeadersLeaders
AdvocatesAdvocatesAdvocatesAdvocates PolicePolicePolicePolice
Adult Adult Protective Protective AgenciesAgencies
Adult Adult Protective Protective AgenciesAgencies
Health Health ProfessionalsProfessionals
Health Health ProfessionalsProfessionals
EducatorsEducatorsEducatorsEducators
FriendsFriendsFriendsFriends
Policy Policy MakersMakersPolicy Policy MakersMakers
Judges & Judges &
Legal Legal ProfessionaProfessionalsls
Judges & Judges &
Legal Legal ProfessionaProfessionalsls
Meeting Victim Needs
Enhancing Safety and Safety Planning
Developing Coordinated Community
Responses
Developed services for older victims of
domestic abuse
NCALL has manual available
Enhancing Safety: Criminal Justice System
Removal of firearms by law enforcement Civil and criminal court protective orders
Weapons restrictions? Systemic response to violations?
Victim notification system (VINE) for arrested persons
Use of domestic violence laws regarding arrest and post conviction remedies
Court monitoring of offenders and use/creation of specialized calendars or courts
Enhancing Safety Safety planning
Tools available through NCALL Code word or signal with neighbor or
family Cell phones programs Gatekeeper programs LIFELINE Pendants
Enhancing Safety Support Groups for older adults
Milwaukee Women’ s Center has been in operation for over 5 years and has served over 500 elderly women
A number of communities have set up their own elder support groups
San Francisco, Institute on Aging Maricopa County, Arizona provides an array of
services NCALL has manual on creating such groups
Safety Planning
Pets Many victims will not leave if they
cannot protect their pets Pet abuse is common in elder abuse Will the humane society or other
entities board animals?
Case Development in the Criminal Justice System
Focus had been on “evidence based prosecution” in which victim did not have to testify and statements collected by law enforcement were used instead
Cannot do this the same after the US Supreme Court decision in Crawford v. Washington
Role of the Victim Some cases require that the victim testify;
others do not Build all cases so role of the victim is minimized
Corroboration is key Physical evidence, other witnesses, calls for help
Memorialize victim interview Tape record, videotape is usually preferable
Interview early in process once facts are known
Crawford v. Washington United States Supreme Court 124 S. Ct. 1354 (March 8, 2004) Witness statements which are testimonial in
nature, including out of court statements and prior testimony, are inadmissible unless Declarant is unavailable Defendant had a prior opportunity to cross
examine the declarant
Crawford v. Washington Testimonial refers to statements
received for their truth Testimonial includes
Interrogations and interviews by law enforcement and prosecutors
Prior testimony at a hearing, before a grand jury, or prior trial
Crawford v. Washington Excluded: business records,
statements in furtherance of a conspiracy, dying declarations A chance remark overheard by an officer Spontaneous statements Statements to medical professionals for
treatment
Implications of Crawford Still need to fully interview the victim
Non-testimonial uses Abuser’s conduct
Contact the victim to document any contact by abuser, any violations of no-contact orders, threats
Move cases to hearing without delay
Implications of Crawford Make victim available to testify and be
cross examined More victims will be subpoenaed and
required to testify Victim participation will be more important
Corroborate! Who else knows? Who have you told?
Victim and suspect
Implications of Crawford Other sources of information
Health care professionals Paramedics and EMTs
Family and friends Who did victim tell first Importance of asking about and documenting the
victim's demeanor and reason for making contact Not for police action but for safety, health needs, seek
help Not in furtherance of a criminal prosecution
Crawford v. Washington Inapplicable if the declarant is unavailable
because of defendant’s misconduct Intimidation and threats
Has defendant called you since the arrest? Hidden the victim or told her not to come to
court Killed the victim
Fled the jurisdiction Failed to appear in court while the case is
pending
Resources National Center on Elder Abuse
www.elderabusecenter.org
National Clearinghouse on Abuse in Late Life www.ncall.us (608) 255-0539
