Tag Archive for 'victims'

Dangerous Myths About Elder Abuse

Elder abuse may not seem like a comfy topic for a family dinner conversation. The issue is so distant and so macabre that many people simply choose to ignore it altogether. As a result, elder abuse is an increasingly serious concern for our society.

The first step in confronting elder abuse is to achieve a rational understanding of the issue.Here are three common myths association with elder abuse that should be addressed: 

elder abuse

First Myth: Elder Abuse is an Uncommon and Pathological Occurrence 

Pathological – yes, but by no means uncommon. Elder abuse is actually quite widespread. As many as 4 million people per year in United States fall victim to elder abuse. Individual instances of elder abuse vary widely but may include physical abuse, mental mistreatment, and neglect in providing basic food and shelter.

Second Myth: Authorities Easily Detect Elder Abuse

Authorities certainly understand the needs faced by vulnerable communities such as the elderly. Unfortunately, studies indicate that for every 1 reported incident of abuse, 23 incidents go unreported. As much as 84% of elder abuse cases may not be reported. Even if an elderly person is fully aware of the abuse taking place, he or she may not seek help due to fears of retaliation from immediate caretakers.

Third Myth: Elder Abuse Affects Low-Income Seniors in Nursing Homes

In fact, elder abuse occurs across all classes of society. It affects people of every social, economic, and ethnic background. However, elder abuse does not necessarily take place in long-term care facilities. Instead, family members may be responsible for as much as 75-90% of all cases. It bears mentioning that, in many jurisdictions, “elder abuse” protections apply to seniors as well as to younger vulnerable adults with disabilities. One does not have to be an octogenarian to fall victim to elder abuse.

We Can’t Stop the Twisters, But We Can Stop Price Gouging

Natural forces are blind to what they destroy. People aren’t. In the past month, tornadoes and flooding in the South and Midwest left behind crippled lives, destroyed homes, and eviscerated infrastructure.

Now as the victims of the tornadoes try to rebuild, they are left vulnerable to another foe—people who use the disaster for economic gain by price-gouging.

Price-gouging occurs when merchants artificially raise the price of consumer goods that are in an emergency or natural disaster. For example, it’s price-gouging, when after Hurricane Katrina, people were forced to pay $7 for a bottle of water.

Thankfully, there are legal protections against price-gouging in many states, including those that recently declared a state of emergency: Alabama, Arkansas, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, Tennessee, and Virginia. In each of these states, the price-gouging statutes allows the attorney’s general to investigate and prosecute instances of price-gouging once a state of emergency is declared.

The definition of price-gouging is not settled in some jurisdictions. In Virginia and Tennessee, for example, price-gouging is an “unconscionable” or “unreasonable” price-hike. The exact definition of those terms is then left to the discretion of the AG in the first instance, and then to a judge or jury if a case is tried. In other words, it’s open to interpretation and litigation.

Other states have taken an approach that more clearly delineates what is or isn’t price-gouging. Arkansas follows a more strict approach, prohibiting price increases above 10% for storm recovery products (i.e. water, batteries, food, fuel, and construction materials). Meanwhile, Alabama allows for higher price-hikes than Arkansas. It only prohibits raising prices above 25% of the average price for the previous 30 days.

The consequences in prosecuting a price-gouging crime are also different from state to state. So the same price-hike in one state could carry with it a penalty of $10,000, but in a different state it would only be $1,000 per violation.

How does any of this help the victims of natural disaster? In theory, the threat of these consequences will deter potential price-gougers from profiting excessively from the misfortune of others. This is why Attorney Generals in the affected states have made public statements warning price-gougers and asking citizens to report incidents of price-gouging.

It may not be much of a comfort to people who are currently the victims of price-gouging that state Attorney’s General try to prevent gouging. But there can be additional ways for victims to get help. States, like New York, are considering creating a private cause of action in these cases, allowing victims to sue to stop the price-gouging practice and to collect damages. And in other states, like Vermont, there is a right of action under consumer fraud statutes.

The availability of recovery all depends on the laws of your state. But in all of the tornado affected areas, there are means to deter and punish price-gouging. If you suspect that you are a victim of price-gouging, you can check out your state’s attorney general’s office, or consult a knowledgeable local attorney.

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Data Proves Victims of Assault Likely to Know Their Attacker

We often hear that victims of violent crime are more likely to know their attackers than to be the victim of a random act of violence. LegalMatch case data, covering intake reports from all 50 states over the past 12 months, appears to bear this out.

According to our case data, the most common responses prospective clients gave when asked about the identity of their attacker was “someone I know” or “a family member”.

rihanna chris brown assault victimThis runs contrary to the image that many members of the public have with respect to violent crime; a crazed stranger jumps out of the bushes, assaults their victim, and runs off. While random acts of violence certainly occur, they are comparatively rare, and it seems that many people spend a disproportionate amount of time worrying about them, given how unlikely they are to occur to a given person.

This is not to say that people shouldn’t take common-sense precautions to reduce the risk of violent crime committed by strangers. These include minimizing time spent alone, outside, at night. Other measures, such as traveling in groups, and sticking to well-lit areas, are also advisable. It might also be helpful, if you are comfortable doing so, to carry some kind of non-lethal defensive weapon, such as pepper spray (but be sure to check your local laws on this).

However, what might be overlooked are conditions that could lead to the more likely scenario: violent crime committed by acquaintances or family members of the victim. The ways to minimize these risks are not nearly as simple as the ones discussed above.

There aren’t many clear-cut ways to avoid violent crime by acquaintances, unless you want to become a hermit. Since that isn’t an option for most people, the situation is complicated.

Not being in a position to give relationship advice, this should be taken with a grain of salt, but it seems that things such as relationship counseling and getting out of abusive relationships (easier said than done) would be helpful in reducing such incidents. Eliminating violent crime altogether is not possible, but any reduction is a good thing.