Violence Against Elderly People in the Family Context

The aim of the present article is to attract attention to the pending need of the intensification of the restorative justice application in cases of violence against elderly people within a family.

Thus, on the basis of the existing literature and research findings the elderly victims’ specific needs as well the particularities of the family violence context are defined. In conclusion, the potentials of the restorative justice approach application in these cases are summarised.

Rather than random victimisation, older adults are more likely to experience abuse and violence from close and proximal relationships. For instance, according to the data of the U.S. National Council on Aging in almost 60% of elder abuse and neglect incidents, the perpetrator is a family member. Two thirds of perpetrators are adult children or spouses (National Council on Aging, 2021). According to a systematic review of 52 studies in 28 countries, the reported prevalence rate of elder abuse in community settings was 15.7% with the following highest abuse subtypes: psychological abuse, followed by financial abuse, neglect, physical abuse, and sexual abuse (Yon et al., 2017). However, results of a study on the elder abuse incidence rate in New York State indicate that only 1 in 24 cases of elder abuse is reported to authorities with psychological abuse being the most common form of mistreatment (Lachs and Berman, 2011).

Conventional approaches to addressing elder abuse include social service interventions, criminal justice responses, civil litigation, and more recently, multi-disciplinary teams (Moore and Browne, 2017; McNeal and Brown, 2019). However, older adults are often reluctant to pursue these remedies, particularly when the person committing the harm is a family member as many older people have complex, interdependent relationships with the people who are harming them (Clarke et al., 2016). Therefore, to strengthen the well-being of older adults, addressing these conflicts requires interventions that assure safety, resolve division, and address harmful actions. Lately, researchers indicate that elder abuse intervention models should have the capacity to work with both older adult victims and alleged harmers, as well as to strengthen relevant relationships and social supports surrounding them individually and as a dyad to address the full scope of risk factors characterising a given case (Mosqueda et al., 2016; Burnes, 2017; Liu et al., 2022).

One of the most important characteristic features of restorative justice is greater participation from extended family members that can either support the direct participants or make the transformation of relationships in a family possible. Restorative justice is more and more often referred to by researchers and practitioners working with elder abuse cases (see Groh, 2003; Groh, 2005; Holkup et al., 2007; Yerxa et al., 2015; projects described in the literature review by Păroşanu, 2017 and in the study by McNeal and Brown, 2019; Păroşanu and Marshall, 2020; Burnes et al., 2023).

Since these outcomes are critical for interdependent relationships where elder abuse victims very often find themselves, restorative justice holds promise for dealing with issues in geriatric contexts and situations. Therefore, for the development of the restorative justice practice application in these sensitive and complex cases, on the basis of the existing literature and research findings it is necessary to define the elderly victims’ specific needs as well as to understand the particularities of the family violence context.

For instance, a number of studies highlighted that older people valued group support in helping them to move on from their abusive experiences. Speaking with other female victims of abuse and sharing their experiences sometimes helped them to deal with unresolved issues (Pritchard, 2000). All of the older victims in the research conducted by Hightower, Smith et al. needed someone to listen to them, believe them, give practical advice and support, be trustworthy, and keep their confidence (2006, p. 221). Another commonly reported need was the need to receive accurate and reliable information regarding legal issues, income support, housing, available resources and financial support (Pritchard, 2000; Pritchard, 2001; Hightower et al., 2006).

According to another qualitative study with the service providers estimating the success of their work based on their clients’ wishes and needs, when law enforcement intervened, and 95% of cases were resolved successfully, success was defined as improving the elder’s quality of life: ‘…are they less fearful and worried, are they coming out of their shell, and are they feeling social again.’ These insights mean that the involvement of the legal remedies raises the general safety feeling of the older people (Brown and McNeal, 2020, p. 367).

Besides, in one of the studies (Sweden) such needs as interactions with others, (professionals, friends, and family) were important for the process of restoring one’s dignity: ‘Signs of respect from others, e.g., being listened to and believed, as well as signs of self-respect, e.g., standing up for oneself to prevent abuse, was a recurrent theme in the interviews’ (Simmons et al., 2022).

Moreover, the researchers highlighted that the need to be taken seriously, to feel respected, and to feel validated was repeatedly emphasised by the interviewees. Besides, most informants expressed a need for some degree of help or support from formal (health care professionals) or informal (for instance, family or friends) sources of support. Simmons, Ludvigsson and Wiklund made an important conclusion that the components of prevention and intervention should be individually tailored to match the needs and preferences of older victims (2022).

Teaster emphasises that older adults may be incapable of recouping losses incurred by several or ongoing forms of abuse as they are intensified by characteristics unique to advanced age: exit from the workforce, diminution of social networks, reductions in finances, presence of multiple and chronic diseases, and decreases in cognitive ability. Other losses may include but are not limited to loss of independence, loss of a sense of safety, and removal from one’s home and family (2017, p. 291).

Obviously, the family context could be referred to one of the most dangerous circumstances within which abuse can take place. As Păroşanu observes, family members are the most common perpetrators, particularly the intimate partner or the adult children of the older person (Păroşanu, 2017, p. 20). According to the results of the restorative justice pilot project Kōrero Tahi (‘talking together’) in New Zealand on the application of restorative circles in cases of elder abuse (there were 30 interviews with older persons, family members, social workers and restorative justice facilitators conducted), in nearly all cases the source of harm for the older person was the behaviours and actions of family members (mostly from the side of adult children followed by the older person’s partner) (Păroşanu and Marshall, 2020, pp. 16--17).

The Project Team of the U.S. National Committee for the Prevention of Elder Abuse basing on the studies on polyvictimisation of children developed a definition of polyvictimisation in later life: 

Polyvictimisation in later life occurs when a person aged 60 or older is harmed through multiple co-occurring or sequential types of elder abuse by one or more perpetrators, or when an older adult experiences one form of abuse perpetrated by multiple others with whom the older adult has a personal, professional, or care recipient relationship in which there is a societal expectation of trust (Ramsey-Klawsnik and Miller, 2014, p. 5).

In the American National Elder Mistreatment Study a positive correlation was found between being married or cohabiting and reporting elder polyvictimisation (Williams et al., 2020). Thus, polyvictimisation is more likely found in situation of elder abuse involving family members, within trusted relationships, or involving situations in which, an obligation for care exists.

At the same time when violence is experienced from the side of a family member relationship dynamics are likely to differ and this may influence help-seeking behaviour (Wilcox, 2012). As mentioned above, fears about consequences for harmers (e.g., prosecution and incarceration), or fears of severing (family) relationships are one of the reasons for reluctance to engage with the forms of the possible interventions (Burnes, 2017). As elderly victims often trust and depend on the perpetrator, they may be slow to recognise and report abuse and reluctant to cooperate with criminal justice professionals (Uekert et al., 2012, p. 2).

These observations are confirmed by the findings of the National Elder Mistreatment Study (U.S.) with 774 participants who were surveyed 8 years later via telephone in order to assess whether episodes of the past financial and emotional mistreatment were reported to authorities. In total, 87.5% of financial abuse by family, friends, or acquaintances was not reported versus 33% of that perpetrated by strangers; for emotional mistreatment, 89.9% of that perpetrated by family, friends, and acquaintances was not reported, compared with 83.3% by strangers. Researchers note that reasons for non-reporting of emotional abuse referred mainly to ‘not wanting publicity’ and ‘not wanting to get the perpetrator in trouble,’ while no consistent reason emerged for failure to report stranger-perpetrated mistreatment (Acierno et al., 2020).

According to Groh such cases often involve on-going relationships that are extremely important to an elder abuse victim. If a dependent senior is in a situation where their primary caregiver is verbally or physically abusing them or taking financial advantage of them, they may feel unable to take legal action against the abuser because of their fear of losing their access to care. The situation may be further compounded by the fact that the abused senior may still have strong ties with the person who is victimising them, as the abusers are often family members (Groh and Linden, 2011, p. 129). Besides, older victims may be ashamed that a relative has been abusing them and also may be afraid of suffering further harm from the abuser or of being put into a nursing home against their will (Groh and Linden, 2011, p. 128).

Obviously, the main characteristic feature of elder abuse is the dependency on the person of trust abusing an elder person and necessity to sustain the relationship. This is the reason why restorative justice interventions are widely discussed as means of rectifying any wrong that has been done and transforming inter-family relationships. Instead of placing the victim and offender in oppositional positions, restorative justice opens the process for communication and dialogue. Therefore, the following potentials of the restorative justice application in such cases can be highlighted.

Groh describing the findings of the Waterloo Project (a collaborative of health, justice, social services, ethno-cultural, faith, and First Nations agencies in the Kitchener-Waterloo area of South Western Ontario) highlights the following benefits for the elder abuse victims who take part in the restorative justice programs: giving the older adult a voice in the process; respect for family values; less fear of the process from the side of the older adults; prevention of conflicts in the early stages; respect for cultural diversity, values and preferences; no financial barriers to this service (free of charge); bringing together professionals from different disciplines (Groh, 2003). 

In the framework of another research service providers working with elder abuse cases named the ‘possibility of the older adults being able to restore and maintain the supportive aspects of the relationships with the persons who had been committing harm’ as the main restorative justice measure of success (only theoretically as these interviewees were not restorative justice practitioners) (Brown and McNeal, 2020, p. 368). Moreover, among the restorative justice potentials they focused on educating offenders about how their behavior is harming the older adult; involving other stakeholders which could help break the social isolation that makes the older adult vulnerable to abuse; healing relationships; and supporting caregivers who are committing abuse or neglect because of their struggles with caregiving itself (Brown and McNeal, 2020, p. 369).

Beck, Lewinson and Kropf note that restorative justice can be powerful in addressing trauma and conflict in later life as it is 

1. an opportunity to repair damage, 
2. an opportunity to tell their stories to people who have caused hurt and injury to the victims and
3. a method to address unanswered questions that victims usually have (such as ‘Why me?’ or ‘What could I have done differently?’) (Beck et al., 2015, pp. 220--221).

According to the results of the restorative justice pilot project Kōrero Tahi (‘talking together’) , the overriding reason older persons gave for participating in a restorative dialogue was to end the distress they were experiencing. They welcomed the opportunity to be supported by professionals in voicing their needs and concerns in a safe space as well as to be better understood and respected by their family. Practitioners noted that older people often become aware in later life of the importance of restoring ruptured relationships and resolving hurts before they die (Păroşanu and Marshall, 2020, p. 21).

Last but not least, the effectiveness of the restorative justice procedures in working with the cases of family violence against the elderly victims can be increased by involving the support from the criminal justice system and other services and agencies specialising in this field.

Olga Kiseleva, M.A., is a Lecturer in the Faculty of Legal Psychology, in Moscow State University of Psychology and Education. She is also a Member of the EFRJ restorative justice Values and Standards Committee.

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