A Duty to Report Crimes Against the Elderly

A duty to report crimes against the elderly can be challenging when you want to do the right thing but are uncertain of the consequences. During my career, I participated in a court hearing for a client who had experienced theft by a caregiver working in the home.

When the theft initially occurred, a question about proceeding to report the crime, especially since the items in question were recovered. However, my concern was that theft might occur again to another vulnerable older adult so I felt there was no option but to report the crime.

While I had little knowledge of the process to report crimes against the elderly, at the end of the journey I was glad I did not ignore the issue. It was nearly six months from my initial call to the local police department until the final hearing.

Home Health Agencies and Others Have a Duty to Report

The caregiver in question worked for an in-home care agency. The manager of the company was highly involved in investigating the issue and how an individual with questionable ethics was hired

At the hearing, I learned that this was not the in-home caregiver’s first offense. In fact, the individual was on probation from a previous offense when this theft was committed.

The individual also fully intended to go back to the same line of work assuming release by the court. I was able to address the judge with a summary of events.

Not only did I express concern about the vulnerability of older adults but also concern that this individual might be allowed to work with older adults or children again especially since a similar event already occurred twice.

Vulnerable Elderly

The isolation and vulnerability of older adults to individuals selling products, to the Internet and email scams, to well-meaning neighbors, to telephone scams, and to lotteries is widespread. Unfortunately, I have come to know many older adults who were taken advantage of by family members or scammers.

These types of incidents result in serious financial harm to older adults. How would you feel if your parent or a family member experienced a crime and you later met someone who had knowledge of the event but did nothing?

A Duty to Report Crimes Against Elderly

While the ethical and moral issues of reporting a crime may be troubling due to the effect on the life of another individual if you have the knowledge you have a responsibility to take action. Statistics indicate that the majority of elder abuse crimes are not reported. This statistic must change

Here is a very brief description of the process of reporting crimes. Note that this may vary by county or state.

1 – The process begins with a crime being committed.

2 – The individual, family member or advocate contacts the local police department to make a report.

3 – The police investigate the crime and determine the degree of seriousness, for example, whether the event is a misdemeanor or a felony.

4 – If it is determined that a crime was likely committed a warrant is issued.

5 – Determination is then made whether or not the individual should be charged with a crime.

6 – If yes, the suspect is arrested and held for a court arraignment.

At this time, the defendant is advised of the charges, penalties if convicted, constitutional rights, and appointed an attorney. Further determinations arrive at whether the defendant is charged with a misdemeanor or a felony.

In some cases, like this incident, the reporting individual has the opportunity to describe the incident and testify in court. While this may be an uncomfortable process, know that doing the right thing for the elderly means that individuals have a duty to report crimes against the elderly.

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