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Is Elder Abuse a Crime in Nebraska? – Omaha protection attorneys

Understanding Elder Abuse in Nebraska

As the population of older adults in the United States continues to grow, the issues that matter to them will also take center stage.

Unfortunately, one of these problems is elder abuse.

Whether you are a senior yourself or the loved one, it is imperative that you understand the laws regarding elder abuse.

To that end, a Nebraska criminal defense attorney at the Petersen Criminal Defense Law explains Nebraska’s elder abuse laws.

What is “Elder Abuse”?

You probably have a pretty good idea of ​​what the term “elderly abuse” means because it sounds self-explanatory. However, the term can actually encompass more types of abuse and neglect than you realize.

For example, did you know that all of the following are included in the definition of elder abuse?

  • Mistreatment – This can include anything from the physical restraint of a victim to pushing, pushing, or hitting. Sometimes physical abuse can be serious and includes hitting, kicking, or otherwise attacking a victim.
  • Mental / emotional abuse – In most cases this involves verbal abuse and can take the form of verbally humiliating a victim, threatening harm or abandonment, or naming a victim.
  • Sexual abuse – Older people are sexually abused far more often than people think. This form of abuse includes everything from inappropriate touch to rape.
  • Neglect – Neglect can include things like failure to help the victim with personal hygiene, failure to give the victim medication when it is due, and / or isolating a victim from loved ones, or even the necessary interaction with doctors and others Professionals include.
  • task – This includes the complete desertion of the victim by someone who has agreed to take care of him / her.
  • Financial exploitation – This is actually the most common type of elderly abuse and can include things like misuse of funds, unauthorized “borrowing” of assets, and / or direct theft of money or other assets from the victim.

How common is elder abuse?

While everyone recognizes that elderly abuse is alarmingly common, it is difficult to come up with exact numbers, in large part because elderly abuse victims often fail to report the abuse.

Sometimes they do not claim to be a victim because they are almost entirely dependent on the perpetrator, while other victims remain silent because they are embarrassed to have been abused.

Still, experts have come up with some conservative estimates regarding elder abuse. For example, experts believe that fewer than 1 in 15 cases of elderly abuse or neglect are reported.

In addition, there are five million cases of financial abuse of the elderly each year and about two million cases of physical abuse or neglect each year. While it may be hard to believe, in over 75 percent of elderly abuse cases, a family member is the perpetrator.

Elderly Abuse – Facts and Figures

Most people are aware that there is abuse by the elderly. However, the average person may not realize the ubiquitous nature of the problem. With this in mind, consider the following facts and figures about elder abuse:

  • A recent study found that one in ten older Americans admitted to experiencing abuse or neglect (other than financial exploitation) in the past year.
  • Experts estimate that fewer than 1 in 15 cases of elder abuse or neglect are reported.
  • 4 in 10 older Americans say they are financially exploited.
  • There are 5 million cases of financial abuse of the elderly each year
  • 1 to 2 million elderly Americans are abused or neglected every year
  • A recent study found that one in ten older Americans admitted to experiencing abuse or neglect (other than financial exploitation) in the past year.
  • Experts estimate that fewer than 1 in 15 cases of elder abuse or neglect are reported.
  • 4 in 10 older Americans say they are financially exploited.
  • There are 5 million cases of financial abuse of the elderly each year
  • 1 to 2 million elderly Americans are abused or neglected every year

Elder abuse is a crime in Nebraska

When most people think about elder abuse, they think of civil remedies, like filing a lawsuit against a care facility or an individual caretaker. These lawsuits are indeed an option when a senior has been molested; However, elderly abuse is also a criminal offense.

Revised Nebraska Act 28-386 specifically regulates abuse or neglect of the elderly. According to the law, “a person commits the knowledge and willful abuse, neglect or exploitation of a vulnerable adult or elderly adult if, through a knowing and deliberate act, he causes or allows a vulnerable adult or elderly adult to:

  • Physically injured
  • Inappropriately limited
  • Sexual abuse
  • Exploited
  • Cruelly punished
  • Neglected
  • Sexually exploited

Elder abuse under this law is charged as a Class IIIA crime in Nebraska, punishable by up to three years in prison and / or a fine of $ 10,000.

Contact an Omaha criminal defense attorney at the Petersen Law Office

If you have been charged with elder abuse or neglect in Nebraska, you must seek help from an experienced criminal lawyer as soon as possible. With elder abuse being a relatively new area of ​​law, police officers, prosecutors, and even judges can be overzealous when they potentially violate elder abuse laws. You need an experienced lawyer by your side right from the start to make sure your rights are protected.

The seasoned Nebraska criminal defense attorneys at Petersen Law Office are here to help. Contact us as soon as possible to discuss your legal options. Our office is open 24 hours a day at 402-509-8070 to discuss your case.

Tom Petersen

Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD reviews thousands of lawyers and only selects those who have had excellent results in DUI defense cases. Attorney Petersen was named one of Nebraska’s Top 50 Defense Lawyers by more than 5,000.

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