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A Solution for Elder Bullying
WIEGAND.DOCX (DO NOT DELETE) 1/27/2020 11:06 AM “LIKE MEAN GIRLS, BUT EVERYONE IS EIGHTY”: A SOLUTION FOR ELDER BULLYING Brittany Wiegand* Bullying has long been an adolescent issue. With the elderly population ever-growing, however, so too does the incidence of elder bullying. Bullying behaviors often occur in small group settings with members who interact regularly, such as in schools. Senior living communities also fit this description. Bullies in senior communities may engage in verbal and even physical abuse; in the worst cases, bullying can be fatal. Instances of bullying among older adults are likely to increase in frequency as this population grows. This Note evaluates current federal and state laws that bullying victims might use to seek redress. It argues that current state laws should be amended to include seniors by aligning laws with research-based definitions of bullying. This Note also recommends providing a private right of action and implementing research-based programming in communal living centers. I. Introduction Flipped tables and false accusations: two unlikely scenes from a nursing home. Though one might expect something like this to occur at a middle school, each is only a minor component of one woman’s ex‐ perience in an elderly living community where she faced a torrent of physical and verbal abuse from other residents due to her sexual orien‐ tation.1 Brittany Wiegand is the Editor‐in‐Chief 2019–2020, Member 2018–2019, The Elder Law Journal; J.D. 2020, University of Illinois, Urbana‐Champaign; M.A. 2011, Curriculum & Instruction, Louisiana State University; B.A. -
Measuring and Addressing Elderly Bullying in a Senior Residential Community Heather Jeffries Malone University
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by ScholarWorks at WMU The Journal of Sociology & Social Welfare Volume 45 Article 8 Issue 3 September 2018 Measuring and Addressing Elderly Bullying in a Senior Residential Community Heather Jeffries Malone University Karen Slovak Malone University, [email protected] Sylvester Huston Social Work Student Follow this and additional works at: https://scholarworks.wmich.edu/jssw Recommended Citation Jeffries, Heather; Slovak, Karen; and Huston, Sylvester (2018) "Measuring and Addressing Elderly Bullying in a Senior Residential Community," The Journal of Sociology & Social Welfare: Vol. 45 : Iss. 3 , Article 8. Available at: https://scholarworks.wmich.edu/jssw/vol45/iss3/8 This Article is brought to you for free and open access by the Social Work at ScholarWorks at WMU. For more information, please contact [email protected]. Measuring and Addressing Elderly Bullying in a Senior Residential Community Heather Jeffries University of Kentucky Karen Slovak Malone University Sylvester Huston Social Work Student Elderly bullying lags far behind in research endeavors compared to related topics of youth bullying and elder abuse. This particular study is unique in its examination of bullying among elderly residents from independent and assisted living communities. This action-oriented study collected surveys from 98 residents of a Midwest senior residential community to determine levels, location, and responses to bullying by residents as well as to inform administration of appropriate responses. Results indicated that approximately one in four residents responded that they had seen or heard another resident being bullied at some point. Residents also reported their experiences with social, physical, verbal, and electronic bullying within the past six months. -
Brigham Young Students Claim University Punished Rape Victims for Reporting : NPR 5/24/16, 2:19 PM
Brigham Young Students Claim University Punished Rape Victims For Reporting : NPR 5/24/16, 2:19 PM RESUME LISTENING Brigham Young Students Claim University Punished … EDUCATION < Brigham Young Students Claim University Punished Rape Victims For Reporting April 27, 2016 · 4:37 PM ET Listen · 4:35 Queue Download AUDIE CORNISH, HOST: The Honor Code is a big deal at Brigham Young University in Utah. The school is run by the Church of Jesus Christ of Latter-day Saints, and the code outlines expectations for student conduct - live a chaste life, abstain from alcohol. Now some women at BYU say the policies are being used to punish students who come forward to report sexual assaults, and they say that's a violation of federal protections known as Title IX. Whittney Evans of member station KUER in Salt Lake City has the story. WHITTNEY EVANS, BYLINE: Brigham Young University sophomore Madeline Macdonald's story begins the week before finals last year with a match on the popular dating app Tinder. MADELINE MACDONALD: He said, like, hey, like, let's go out, like, just get hot chocolate, meet up, like, just make sure we're real people. And I was like OK, I've only got like 20 minutes. And we're going to have to stay right near campus and, like, go to a public area - all that stuff, right? EVANS: Macdonald says the man who was not a BYU student picked her up from her http://www.npr.org/templates/transcript/transcript.php?storyId=475923583 Page 1 of 4 Brigham Young Students Claim University Punished Rape Victims For Reporting : NPR 5/24/16, 2:19 PM dorm, drove to a park in the mountains and sexually assaulted her. -
Legal Issues Related to Elder Abuse a Pocket Guide for Law Enforcement
Legal Issues Related to Elder Abuse A Pocket Guide for Law Enforcement By Lori A. Stiegel, JD American Bar Association Commission on Law and Aging Commission on Law and Aging 2014 “My colleagues and I need to know that when we’re told ‘I could spend dad’s money because I have his power of attorney’ we shouldn’t just say ‘Oh, OK’ and walk out.” —Dale Gillette, Lt. (ret.), Ross County, Ohio Sheriff’s Office and Triad Coordinator, Pickaway County, Ohio Sheriff’s Office Acknowledgements and Disclaimers This project was supported by Grant No. 2010-DJ-BX-K078 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the SMART Office, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice. The views expressed herein have not been approved by the House of Delegates or the Board of Governors of the American Bar Association (ABA) except where otherwise indicated, and, accordingly, should not be construed as representing the policy of the American Bar Association. The ABA Commission on Law and Aging receives funding through the ABA Fund for Justice and Education (FJE). The FJE is a 501(c)(3) charitable fund of the ABA that supports over 200 ABA public service and educational programs every year. -
Get Involved, Get Safe Stop Elder Abuse and Neglect
Slide 1 Get Involved, Get Safe Stop Elder Abuse and Neglect Slide 1: Welcome Welcome to our presentation. Today we are going to discuss elder abuse which is a term used to describe an act that can cause physical, psychological, financial, sexual harm or neglect to an older person. Presenter: explain your role and about your organization Tips: This presentation is geared toward older adults but could be given to community groups or professionals who want to learn about elder abuse. If your audience is older adults, please speak clearly, loudly and allow plenty of time for questions. Consider showing a film to break things up during your presentation. Some suggestions are: Witness Justice- An Age for Justice- click on arrow in opening slide to play Terra Nova- (requires purchase) “What’s Age Got to Do With It?” or “A Mother Never Gives Up Hope” (see Terra Nova catalog for more suggestions) Slide 2 STATISTICS ON ELDER ABUSE 2 Slide 2: Statistics on Elder Abuse Here are some statistics on elder abuse. Elder abuse triples the risk of premature death of an older adult. Cognitive issues are a risk factor for all types of elder abuse. Abused older adults often end up in a nursing home. Statistics say 1 in 10 older adults experience abuse but this number is probably low as many do not report and suffer in silence. These statistics show us it is important to get involved and help older adults get safe as our older population increases. Only 1 in 23 cases are reported to Adult Protective Services. -
Incredible Women: Sexual Violence and the Credibility Discount
UNIVERSITY of PENNSYLVANIA LAW REVIEW Founded 1852 Formerly AMERICAN LAW REGISTER © 2017 University of Pennsylvania Law Review VOL. 166 DECEMBER 2017 NO. 1 ARTICLE INCREDIBLE WOMEN: SEXUAL VIOLENCE AND THE CREDIBILITY DISCOUNT DEBORAH TUERKHEIMER† Credibility is central to the legal treatment of sexual violence, as epitomized by the iconic “he said/she said” contest. Over time, the resolution of competing factual accounts has evidenced a deeply skeptical orientation toward rape accusers. This incredulous stance remains firmly lodged, having migrated from formal legal rules to informal practices, with much the same result—an enduring system of disbelief. Introducing the concept of “credibility discounting” helps to explain the dominant feature of our legal response to rape. Although false reports of rape are uncommon, † Class of 1940 Research Professor of Law, Northwestern University Pritzker School of Law. J.D., Yale Law School; A.B., Harvard College. My thanks to Ronald Allen, Miranda Fricker, Terry Fromson, Andrew Gold, Emily Kadens, Sherry Kolb, Andrew Koppelman, Jennifer Lackey, Sarah Lawksy, Gregory Mark, Janice Nadler, and John McGinnis for their helpful suggestions and insights. Sarah Crocker and Tom Gaylord, Faculty Services and Scholarly Communications Librarian, contributed outstanding research assistance, and the Northwestern University Pritzker School of Law Faculty Research Program furnished generous financial support. (1) 2 University of Pennsylvania Law Review [Vol. 166: 1 law enforcement officers tend to default to doubt when women allege sexual assault, resulting in curtailed investigations as well as infrequent arrests and prosecutions. Credibility discounts, which are meted out at every stage of the criminal process, involve downgrades both to trustworthiness (corresponding to testimonial injustice) and to plausibility (corresponding to hermeneutical injustice). -
Rape Among Lgbtq+ Populations
RAPE What is rape? Rape is a serious problem in our society Rape is not about sex—it’s about power and control. > 44% of lesbians and 61% of bisexual women Rape is a violent crime in which sex is used as a experience rape, physical violence, or stalking by weapon to dehumanize another person. The state of an intimate partner, compared to 35% of straight Indiana legally defines rape as: women Knowingly or intentionally having sexual intercourse > 26% of gay men and 37% of bisexual men Information and resources with another person or knowingly and intentionally experience rape, physical violence, or stalking for responding to causing another person to perform or submit to other by an intimate partner, compared to 29% of sexual conduct (IC 35-31.5-2-221.5) when: straight men > The other person is compelled by force or imminent > 46% of bisexual women have been raped, compared threat of force; to 17% of straight women and 13% of lesbians RAPE AMONG > The other person is unaware that the sexual > 22% of bisexual women have been raped by an intercourse or other sexual conduct is occurring; or intimate partner, compared to 9% of straight LGBTQ+ > The other person is so mentally disabled or deficient women that consent to sexual intercourse or other sexual > 40% of gay men and 47% of bisexual men have conduct cannot be given (IC-35-42-4-1) experienced sexual violence other than rape, POPULATIONS compared to 21% of straight men Who is at risk? > 47% of transgender people are sexually assaulted Anyone can be raped. -
Elder Abuse: Indicators and Examples Susan Beerman
Marquette Elder's Advisor Volume 5 Article 8 Issue 1 Fall Elder Abuse: Indicators and Examples Susan Beerman Follow this and additional works at: http://scholarship.law.marquette.edu/elders Part of the Elder Law Commons Repository Citation Beerman, Susan (2003) "Elder Abuse: Indicators and Examples," Marquette Elder's Advisor: Vol. 5: Iss. 1, Article 8. Available at: http://scholarship.law.marquette.edu/elders/vol5/iss1/8 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Elder's Advisor by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. ELDER ABUSE: INDICATORS AND EXAMPLES Susan Beerman The vignettes presented in this article are compilations of true stories of abused and neglected elderly men and women. Medical technology is allowing Americans to live longer than ever before. The negative aspect of longer life expectancy, however, is the rising incidence of elder abuse - an increase that is attributed to the growing number of elderly people in the United States. Demographers predict that the numbers of elderly people will double in the next thirty years.' Because of this, it is necessary to understand and be able to identify elder abuse. WHAT IS ELDER ABUSE? Elder abuse is the physical, financial, emotional, and/or psychological mistreatment of an elderly man or woman. It is blind to race, religion, or national origin. It crushes the dignity and sometimes the life of a frail and often helpless individual. The abuser is often a family member, but can also be a paid caregiver. -
Elder Abuse Victimization Patterns: Latent Class Analysis Using
Santos et al. BMC Geriatrics (2019) 19:117 https://doi.org/10.1186/s12877-019-1111-5 RESEARCH ARTICLE Open Access Elder abuse victimization patterns: latent class analysis using perpetrators and abusive behaviours Ana João Santos1,2* , Baltazar Nunes2,3 , Irina Kislaya2 , Ana Paula Gil4 and Oscar Ribeiro5,6 Abstract Background: Research on elder abuse has defined it as a multidimensional construct that encompasses a set of different abusive behaviours, victims, perpetrators and settings. The array of possible elder abuse configurations is difficult to capture. This study sought to identify victimization patterns that represent distinct elder abuse configurations based on specific abusive behaviours and on the relationship with the perpetrator; it also sought to determine the association between these latent classes with victims’ characteristics. Method: Data comes from two elder abuse surveys: a representative sample of community-dwelling adults and a convenience sample of older adults reporting elder abuse to four state and NGOs institutions. Latent Class Analysis (LCA) was used to categorize victimization in the population-based (N =245)andinthevictims’ sample (N =510)using 7 items measuring physical, psychological and financial abuse, and appointed perpetrators. Association tests were conducted to determine differences and similarities of victims’ characteristics between the different obtained classes. Results: The LCA procedure identified six different latent classes of victimization experiences in each of the samples, which were statistically and plausibly distinct. In the population-based survey: verbal abuse by others (29%); psychological abuse from children/grandchildren (18%); overlooked by others (18%); stolen by others (15%); verbal Intimate Partner Violence (IPV) (14%) and physical and psychological IPV (6%). -
A Call for the Proper Storage of Anonymous/Unreported Rape Kits
Washington Law Review Volume 93 Number 2 6-1-2018 Preserving VAWA's "Nonreport" Option: A Call for the Proper Storage of Anonymous/Unreported Rape Kits Gavin Keene Follow this and additional works at: https://digitalcommons.law.uw.edu/wlr Part of the Evidence Commons Recommended Citation Gavin Keene, Comment, Preserving VAWA's "Nonreport" Option: A Call for the Proper Storage of Anonymous/Unreported Rape Kits, 93 Wash. L. Rev. 1089 (2018). Available at: https://digitalcommons.law.uw.edu/wlr/vol93/iss2/11 This Comment is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington Law Review by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Keene – Ready to Pub (Do Not Delete) 5/26/2018 6:36 PM PRESERVING VAWA’S “NONREPORT” OPTION: A CALL FOR THE PROPER STORAGE OF ANONYMOUS/UNREPORTED RAPE KITS Gavin Keene* Abstract: The Violence Against Women Act (VAWA) requires participating states and the District of Columbia to pay for medical forensic exams for victims of rape and sexual assault, including the collection of evidence using “rape kits,” whether or not the victim chooses to pursue criminal charges. The chief statutory purpose of the requirement is to preserve evidence in the interest of justice without pressuring a traumatized victim to decide on the spot whether to activate a criminal investigation. Rape kits collected without an accompanying police report are called “anonymous rape kits,” “unreported rape kits,” or “Jane Doe rape kits.” This is because they are typically assigned an anonymous tracking number rather than the victim’s name for privacy reasons, before being sealed and stored for evidentiary integrity. -
Financial Elder Abuse – Marrying Into Elder Abuse
FINANCIAL ELDER ABUSE – MARRYING INTO ELDER ABUSE Financial Elder Abuse involves any theft or embezzlement of money or other property from an elder or dependent adult. Examples of financial abuse include, but are not limited to, cashing checks without the elder or dependent adult’s authorization/permission; forging an elder’s signature; misusing or stealing an elder’s money, credit cards or possession; coercing or deceiving an elder into signing documents such as a contract, Will or Trust; improper use of conservatorship, guardianship or Powers of Attorney; predatory lending and home sales scams and home improvement scams. Signs and symptoms of financial abuse include, but are not limited to, significant withdrawals from the elder’s bank or brokerage accounts; a sudden change in the elder’s financial condition; items or cash missing from the elder’s home; additional names on the bank signature card or changes in how a bank account is held such as Joint Tenant or payable on death; unpaid bills despite having sufficient funds available; unapproved withdrawals of funds using an ATM card; unexplained sudden transfers of assets and appearance of a stranger who begins a new close relationship and offers to manage the elder’s finances and assets. Who might be an abuser includes family members, caregivers, neighbors, and professionals such as lawyers, bankers, financial advisors and others finding ways to cheat the elderly by engaging in deceptive billing practices or embezzling funds. Increasingly, those who might be an abuser financially of an elder or dependent adult are those individuals marrying the elder or dependent adult in order to take their wealth. -
Measuring and Addressing Elderly Bullying in a Senior Residential Community
The Journal of Sociology & Social Welfare Volume 45 Issue 3 September Article 8 2018 Measuring and Addressing Elderly Bullying in a Senior Residential Community Heather Jeffries Malone University Karen Slovak Malone University, [email protected] Sylvester Huston Social Work Student Follow this and additional works at: https://scholarworks.wmich.edu/jssw Part of the Social Work Commons Recommended Citation Jeffries, Heather; Slovak, Karen; and Huston, Sylvester (2018) "Measuring and Addressing Elderly Bullying in a Senior Residential Community," The Journal of Sociology & Social Welfare: Vol. 45 : Iss. 3 , Article 8. Available at: https://scholarworks.wmich.edu/jssw/vol45/iss3/8 This Article is brought to you by the Western Michigan University School of Social Work. For more information, please contact [email protected]. Measuring and Addressing Elderly Bullying in a Senior Residential Community Heather Jeffries University of Kentucky Karen Slovak Malone University Sylvester Huston Social Work Student Elderly bullying lags far behind in research endeavors compared to related topics of youth bullying and elder abuse. This particular study is unique in its examination of bullying among elderly residents from independent and assisted living communities. This action-oriented study collected surveys from 98 residents of a Midwest senior residential community to determine levels, location, and responses to bullying by residents as well as to inform administration of appropriate responses. Results indicated that approximately one in four residents responded that they had seen or heard another resident being bullied at some point. Residents also reported their experiences with social, physical, verbal, and electronic bullying within the past six months. Social bullying was reported at the highest levels, both as a victim and witness, and analyses demonstrated that status of living facility (public or private) significantly impacted reports of social bullying.