Criminal Culpability

Some states provide criminal penalties for the abuse, neglect, or other mistreatment of nursing home residents. Historically, prosecution for crimes involving abuse, neglect and exploitation of the elderly were relatively infrequent. This was due in part to:

• the reluctance of older persons to report incidents or press charges;
• the fact that the immediate harm was removed through the intervention of adult protective services;
• the difficulty some older people have in participating in a criminal trial; physical frailty;
• the frequent lack of supporting evidence;
• the concern of some prosecutors that elderly victims might not make credible witness due to physical limitations or loss of memory.

Recently, however, there have been more and more prosecutions of such actions. Moreover, some states have enhanced penalties for crimes committed against older people. In some cases, the failure to provide residents with sufficient food, keep residents clean enough, or prevent bedsores from occurring, have supported convictions for criminal neglect. In other cases, the unjustified use of physical restraint or force against nursing home residents has resulted in convictions for nursing home abuse. In some states, the definition of abuse may require inappropriate physical contact that harms or threatens to harm the patient, and may not cover verbal threats.