Sadly, abuse of the elderly is hardly new in the United States. It is, however, much more prevalent now than it was just a few decades ago. One of the major reasons for the increase in incidences of elder abuse in the U.S. is the rapid growth of the senior population. As the Baby Boomers begin their retirement years, the U.S. is poised to have more older Americans (age 65 and older) than their younger counterparts (age 21 and younger) for the first time in history. The dramatic increase in the size of the older demographic in the U.S. has also caused lawmakers to focus more on issues that affect the elderly. Elder abuse is at the top of that list. In most states, elder abuse laws are relatively new and often misunderstood. To help clarify some of those laws, a Nebraska criminal defense attorney explains the state’s elder abuse laws and what happens if you violate those laws.
What Is Included in the Term “Elder Abuse?”
“Elder abuse” is a rather broad term that encompasses a number of different types of abuse and neglect perpetrated on older individuals. Among the many forms elder abuse can take are:
- Physical abuse – this may include anything from physically restraining a victim to pushing, shoving or slapping. Sometimes, physical abuse can be severe and may include actually punching, kicking or otherwise assaulting a victim.
- Mental/emotional abuse – this involves verbal abuse in most cases and can take the form of degrading a victim verbally, threatening harm or abandonment, or name-calling.
- Sexual abuse – the elderly are sexually abused far more often than people realize. This form of abuse includes anything from inappropriate touching to rape.
- Neglect – neglect may include things such as failing to help the victim with personal hygiene, failing to give the victim medication when it is due, and/or isolating a victim from loved ones or even necessary interaction with doctors and other professionals.
- Abandonment – this involves outright desertion of the victim by someone who has agreed to care for him/her.
- Financial exploitation – financial exploitation may include things such as misuse of funds, unauthorized “borrowing” assets, and/or outright theft of money or other assets from the victim.
Elder Abuse – Facts and Figures
Most people are aware that elder abuse exists; however, the average person may not realize the pervasive nature of the problem. With that in mind, consider the following facts and figures relating to elder abuse:
- A recent study found that 1 in 10 older Americans admitted to suffering abuse or neglect (other than financial exploitation) in the past year.
- Experts estimate that less than 1 in 15 instances of elder abuse or neglect is reported.
- 4 out of 10 older Americans report being exploited financially.
- 5 million instances of financial abuse of the elderly occur every year
- 1 to 2 million older Americans are abused or neglected every year
- A recent study found that 1 in 10 older Americans admitted to suffering abuse or neglect (other than financial exploitation) in the past year.
- Experts estimate that less than 1 in 15 instances of elder abuse or neglect is reported.
- 4 out of 10 older Americans report being exploited financially.
- 5 million instances of financial abuse of the elderly occur every year
- 1 to 2 million older Americans are abused or neglected every year
Nebraska Elder Abuse Laws
Although many existing laws may cover criminal acts wherein an older individual is the victim, Nebraska Revised Statute 28-386 specifically governs acts of abuse or neglect of the elderly. According to the statute, “A person commits knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult if he or she through a knowing and intentional act causes or permits a vulnerable adult or senior adult to be:
- Physically injured
- Unreasonably confined
- Sexually abuse
- Exploited
- Cruelly punished
- Neglected
- Sexually exploited
Abuse of the elderly under this statute is charged as a Class IIIA felony in Nebraska, punishable by up to three years in prison and/or a $10,000 fine.
How Can a Nebraska Criminal Defense Attorney Help?
If you have been charged with abuse or neglect of the elderly in Nebraska it is imperative that you consult with an experienced criminal defense attorney as soon as possible. Because elder abuse is such a relatively new area of the law, police officers, prosecutors, and even judges can be overzealous when faced with a potential violation of the elder abuse laws. You need an experienced attorney on your side from the beginning to ensure that your rights are protected.
Contact Us
If you have been charged with elder abuse in the State of Nebraska, it is in your best interest to consult with an experienced Nebraska criminal defense attorney right away. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.