Published in Pawtucket Times on October 5, 2015 

Last September, 86-year-old Martha Smith (not her real name) woke up in the middle of the night to a loud noises coming from the first floor of her East Bay apartment. When she went to investigate the commotion, she found her granddaughter in the kitchen. When Martha asked her granddaughter what was going on, the young woman started to verbally and physically abuse her. At one point, she even tried to suffocate Martha with a pillow.

Martha’s other granddaughter came to her aid, only to be assaulted as well. When the police arrived after Martha had tried to call 911, the phone had been ripped out of her hand by her abusive granddaughter, but they heard Martha’s screams of help coming from the house.

According to the Rhode Island Attorney General’s Office, the granddaughter was arrested and is now awaiting trial.

We grow up being taught to respect our elders. But, it seems these lessons are not learned or even followed. Martha’s abuse by her granddaughter is a sad tale, but it happens all too often to our nation’s elderly.

Elder Abuse Growing The National Committee for the Prevention of Elder Abuse defines domestic violence on elders as “an escalating pattern of violence or intimidation by an intimate partner, which is used to gain power and control.” And the perpetrator of the violence is not always a spouse, but more often than not it is a family member, as was the case with

Herb Weiss Martha Smith. Victims may be fearful to report the abuse to doctors or law enforcement for fear of the violence escalating, or because the victim relies on the abuser or their family for caregiving.

The National Center on Elder Abuse has reported that during calendar year 2010, there were nearly six million reported cases of elder abuse, representing nearly 10 percent of that year’s elderly population. The Center acknowledged that it really have a handle as to how many people are suffering from elder abuse and neglect, either because signs of abuse and neglect are missed by professionals working with older persons, or because of a reluctance on the part of the abused person to file a report.

America’s “dirty little secret” is getting worse by the graying of America’s population. The numbers are growing – the 2010 United States census recorded the greatest number and proportion of people 65 and older in its counting history: 40.3 million or 13 percent of the population.

Attacking Elder Abuse in R.I. In Rhode Island, cases of domestic violence against older people are handled by specially trained prosecutors and victim advocates at the Office of Attorney General. And, there are special laws on the books that provide for enhanced criminal penalties for assault of a person of 60 years of age.

“We have specialized prosecution units for those who commit domestic violence against older people,” said Attorney General Peter Kilmartin. “The dedicated prosecutors, victims advocates and support staff in our Domestic Violence and Sexual Assault Unit and Elder Abuse Unit deal with these cases each and every day, working to bring justice for victims while minimizing their emotional trauma. Our domestic violence and elder abuse prosecutors and victim advocates are all specially trained to handle the highly sensitive details of domestic violence cases, which are often extremely emotionally charged,” he notes.

In 2014, the General Assembly passed legislation that allows the release of patient records for investigation and prosecution of physical assault on an older person if a health care provider believes, after providing services to the elder patient, is or has been physically, psychologically or sexually abused.

“Due to the nature of elder abuse crimes, time is of the essence. The victims in these cases are often vulnerable and face a myriad of health challenges, thus making a timely investigation more critical to ensure the victim’s availability to participate in the investigation and prosecution” added Kilmartin. “Moreover, the perpetrator of elder abuse is most often known to the victim, making it less likely for the victim to report,” he says.

AARP Tackles Elder Abuse Across the United States “Abuse of older Americans, whether it be physical or financial, is unconscionable. That’s why AARP is fighting in states across the nation for new laws to crack down on abuse and financial exploitation and strengthen protections for victims so all Americans can live with dignity and independence as they age,” says AARP Executive Vice President Nancy LeaMond.

AARP national staff, state chapters and volunteers are in the trenches fighting against elder abuse and exploitation. According the nation’s largest aging advocacy group, adequate funding must be given to preserve and strengthen the states adult protection services agencies. These agencies investigate complaints about abuse, neglect and exploitation of adults who are unable to care for themselves or make decisions due to mental or physical impairment, illness or a crisis in their lives.

In 2014, AARP advocated for increased funding and to ward off efforts to cut funding for the agencies in five states: Arizona, Ohio, Oregon, Utah and Wyoming.

AARP also calls for better prevention and detection of financial exploitation of the nation’s elderly. While states legislatures look at different ways to addressing this issue, many create task forces, even enact new legislation to address this abuse. According to the Washington, D.C. based nonprofit, last year, seven states enacted bills to protect their older residents against abuse and exploitation: Florida, Kansas, Massachusetts, New Hampshire, Oregon, Virginia and here in Rhode Island.

In 2014, the General Assembly passed a law supported by AARP Rhode Island that extended the statute of limitations for cases of financial crime against the elderly from three years to 10 years.

Meanwhile, both Iowa and West Virginia adopted legislation last year to increase criminal and civil penalties against perpetrators of financial exploitation and to update the definition of financial exploitation.

Finally, uniform laws focused on adult guardianship and power of attorney not only support those who provide caregiving across state lines, but also create processes to help protect older people against abuse and exploitation. Six states, including Rhode Island, passed uniform adult guardianship or power of attorney laws in 2014, and this year additional states have already introduced legislation. Abuse at Any Age No matter a victim’s age, domestic violence and abuse is about the perpetrator trying to gain power and control over their victim. Domestic violence against older people can include physical, psychological, sexual and economic abuse, stalking, and tactics meant to isolate the victim from other people and supportive services October is Domestic Violence Awareness Month, and the statistics are alarming. According to the National Resource Center on Domestic Violence, 24 people per minute are victims of physical violence, rape or stalking by an intimate partner in the United States. One in four women, and one in seven men, will be a victim of domestic violence at some point in their lifetime. On average, three women are killed every day at the hands of a current or former intimate partner. Being in Rhode Island, with statistics like that, chances are you know someone who has been abused.

Help is available. In 2014, over 400 senior Rhode Islanders received domestic violence victim services from the Rhode Island Coalition Against Domestic Violence (RICADV)’s six member agencies. The RICADV’s member agencies provide a wide array of services for victims, including hotline support, emergency shelter, support groups, counseling services, and assistance with the legal system.

In addition, specialized shelter and other services are available for older victims of domestic violence through a partnership between the RICADV and the Saint Elizabeth Community. For more information about these organizations and services, call the statewide Helpline at 800-494-8100. If you hear or see someone being hurt, call 911 immediately.