In San Francisco, Elder Abuse Is the Perfect Crime

elder-abuse-law-sb18.jpg
Yes, that's a crime
If you rob or beat up an elderly person in San Francisco, your chances of being convicted are fewer than one in 100, according to data in a recent city report on how local law enforcement addresses family violence.

"It couldn't be better if you're a predator," said Prescott Cole, attorney with California Advocates for Nursing Home Reform.

According to the Comprehensive Report on Family Violence in San Francisco, the SFPD's Domestic Violence Response Unit last year received 95 reports of violence against an elderly person. Of those, police investigated only 41 cases.

Cole says academic studies show that only one-fifth of such incidents are ever reported to police.

Of the 439 elder financial abuse cases received in 2010, the department's Financial Crimes Unit investigated 140.

According to Emily Murase, executive director of the Department on the Status of Women, which published the report, police have taken the dismal numbers seriously, and have already implemented changes.

"I would say we really shined a light on the increasing incidents of elder abuse," she says. "The Police Department has reorganized the elder abuse unit, and they now have a full-time elder abuse inspector -- and have beefed up enforcement."

Officer Albie Esparza told us via e-mail that he had no information about changes implemented in response to the latest report:

"The cases must meet elements of the crime in order to be elder abuse (physical or financial). Furthermore, a lot of these types of crimes are not reported to authorities (due to fear, internal family disputes or embarrassment). We, as a Police Department, encourage any victim of a crime to report ALL crimes to police so that we may investigate them."
The District Attorney's elder abuse unit received 68 cases last year, and the office filed 45 criminal complaints. Ten of those cases were pleaded, while two were brought to trial, which resulted in only one conviction.

This low average can be attributed to the fact that elder abuse cases are brutally difficult for investigators or assistant DAs. For one thing, they involve witnesses who don't stand up well in court -- or even during an investigator's interview.

According to Cole:

Who's your witness? Somebody with poor command with the facts. And the witness may not be very motivated to go into a court battle. They do not want to put sonny boy in jail, or the daughter in jail. They just don't want to. Then there's the fatigue factor, where an elder is looking at last stages of his or her life, and they've shut down to a degree where they make it day-to-day, and they don't want to spend their last days in court ... and if they do, the defense attorney is going to turn them into sawdust.
Things aren't much easier for cops interested in taking on crimes of elder abuse, police say.

When you get into investigating cases where elders have been abused, often times the crime has occurred weeks, if not months, or years ago. What are the police supposed to do about it?
As more Baby Boomers reach an age where their faculties have declined, we're seeing an age of serial predators who systematically go after elders' assets. "A lot of times, the perpetrator could be Mr. Nobody. whose last address was the Holiday Inn. What's the cop to do then?" Cole says.

Other times, elders are ripped off by those close to them.

If it's a caregiver, or a family member, you have two problems. One, if it's one person's word against another's, that goes nowhere with the police. Then there's the other problem with the police: In society in general, people look at family members who take money from other family members, as, "So what? They took their inheritance a little early."
Even if a cop or an assistant DA decides to take on elder abuse, he or she isn't likely to get major kudos.

"It's not messing up the streets. It's not like hopping over homeless. Or having to look at problems coming in from gang violence, drugs, or other things things that society says are very serious," Cole says. "Nobody likes elder abuse. Nobody says it's a good thing. But it's not a priority. Not at all."

Correction: A previous edition of this item attributed one of Cole's comments to the DA's office. The Snitch regrets the error.



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8 comments
kptn1bill
kptn1bill

can anyone help direct me to some help for my 69 year old sister that is being aboused by her son and daughter-in-law??? she lives in sonoma...I live in Ariz. I do not know how to report this terrible situation..She might die before I can get her help...

Ed Lawrence
Ed Lawrence

I was in a Will contest in San Francisco (2002-2004) where I encountered blatant prejudgment and outright fraud.  Elder abuse was alleged but investigation was carefully avoided.  I've written a literary account of this episode and am spreading the word (link below. ..Please use email for reply.

http://www.kickstarter.com/pro...

New York Elder Lawyer
New York Elder Lawyer

Elderly abuse are increasing day by day. Many elderly persons has to suffer from these problems. The San Fransisco considered child abuse a big crime and strict action is taken against the person who convict child abuse.

Drmikol
Drmikol

It is long overdue that this crime against our aging parents and elders gets the attention it deserves. Thank you for writing about the important work Mr. Cole is now doing in San Francisco. We see this kind of crime everyday in our work at AgingParents.com and the perpetrators are the family members. Our society can clearly DO BETTER.

Jenniferpaul
Jenniferpaul

Even when you have proof that an elder has been abused, APS and police do nothing. 

Agoodway
Agoodway

Here's a suggestion for a little justice- 

Jails and Nursing Homes

Here's the way it should be: 

Let's put the seniors in jail and the criminals in nursing homes.

This would correct two things in one motion:

Seniors would have access to showers, hobbies and walks. And, they would receive unlimited free prescriptions, dental and medicaltreatment, wheel chairs, etc.

They would receive money instead of having to pay it out.  They would have constant video monitoring, sothey would be helped instantly... if they fell or needed assistance.

Bedding would be washed twice a week and all clothing would be ironed andreturned to them.

A guard would check on them every 20 minutes, and all meals and snacks would bebrought to them.

They would have family visits in a suite built for that purpose.  They would have access to a library,weight/fitness room, spiritual counseling, a pool and education...and freeadmission to in-house concerts by nationally recognized entertainment artists.

Simple clothing - ie. shoes, slippers, pj's - and legal aid would be free, uponrequest.  

There would be private,secure rooms provided for all with an outdoor exercise yard complete withgardens.  Each senior would have a P.C.,T.V., phone and radio in their room at no cost.They would receive daily phone calls.There would be a board of directors to hear any complaints and the ACLU wouldfight for their rights and protection.The guards would have a code of conduct to be strictly adhered to, withattorneys available, at no charge to protect the seniors andtheir families from abuse or neglect.As for the criminals:They would receive cold food.  They wouldbe left alone and unsupervised.They would receive showers once a week. They would live in tiny rooms, forwhich they would have to pay $5,000 per month And, they would have no hope ofever getting out.

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