Elder Domestic Violence Candace J. Heisler, JD © Candace J. Heisler, 2004

Disclaimer 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 65 th 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 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 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

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

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 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: ” Vol. 6, No. 3 (Fall, 2000) American Journal of Psychiatry, “Homicide-Suicide in Older Persons” 155: (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 ReligiousLeadersReligiousLeaders AdvocatesAdvocates PolicePolice Adult Protective Agencies Health Professionals EducatorsEducators FriendsFriends Policy Makers Judges & Legal Professionals Judges & Legal Professionals

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 (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 National Clearinghouse on Abuse in Late Life (608)

Questions questions to Candace Heisler at Thank you!