Chapter 6 - Abuse of older adults: An Ontario criminal justice perspective

Abstract

Abuse and neglect of older adults is occurring in Toronto and around the province, as it is happening across the country and elsewhere. If Toronto is considered a reflection of what is taking place in other communities in the province, elder abuse is significantly under-reported. Some consider the criminal justice system to be ageist. Subtle and generally unrealized ageist behavior can be detected in police personnel, prosecutors, defense counsel, and even the judiciary. It surfaces through interactions and the manner in which older adults are described, communicated with, and assumptions made. Unfortunately, it often emerges in the investigative stages among police personnel. The criminal justice system is also an adversarial process because it is offender-focused as opposed to being victim/complainant-centered. Simply being present in the courts is usually an uncomfortable experience for any victim, let alone an older victim of crime—someone who, likely, has never had interactions with the police before. Additionally, elder abuse cases are appreciably underprosecuted. Very few actually make their way to the courts. Reasons may include lack of awareness on the part of crown attorneys of the issues, little or no training in working with older adults, unrealized ageist beliefs about elderly victims, or insufficient experience through limited opportunities for prosecution in such matters.