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Jail sentences for elder abuse are contingent upon state laws that, for the most part, protect the elderly within law provisioned for adults with disabilities.
History
There is a limited amount of case law regarding elder abuse, and those that exist are not categorized as such. Judicial decisions in some early court cases have failed to set a legal precedent for harsh sentences.
Considerations
Case law is additionally limited due to a reluctance to prosecute, inability to testify due to a diminished mental capacity and the slow pace of the legal process with respect to the victim's age and/or diminished health.
Sentencing
Many of the adjudicated cases on elder abuse have been resolved with the accused being sentenced to less than 10 years, restitution or probation for such convictions as physical and sexual assault, embezzlement and neglect.
Federal Law
As of 2009, the only federal law involving elder abuse was the Older Americans Act. This provision mandates funding for state and community awareness and coordination activities provided by the National Center on Elder Abuse and the Long Term Care Ombudsman Program (LTCOP) elderly advocacy group.
State Law
Although a few states have specific laws regarding elder abuse, each state has laws that provide for adult protective services (APS) that accommodate victims of elder abuse under the protection of all adults with disabilities.
Source:
ABA Commission on Law and Aging, "Information about Laws Related to Elder Abuse"
Adult Abuse Review, "Successful Prosecutions: What Sentences Are They Getting"
Needs of Elderly, "The Changing Role of the Courts in Elder Abuse Cases"
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