Overview
The purpose of this chapter is to
explore the scope of the problem of the mistreatment of LGBT elders
. In the first part of this chapter, we look closely at those who
are characterized as mistreated. Second, we discuss possible
remedies to the problem of mistreatment and victimization. Next, we
suggest future research on the topic. Finally, we examine model
programs and approaches for prevention and intervention. Chapter
17 provides an important adjunct to
Chap. 16 and provides information
concerning who is mistreated, how they are mistreated, and why they
are mistreated. Elder mistreatment and victimization are recognized
as both a national and international health crisis. Research
suggests that elder mistreatment and victimization occur across all
ethnicities, in various settings, and within cultures that once
held elders in high regard. Although LGBT elders often experience
the same types of mistreatment and victimization as elders in
general, LGBT elders have their experiences within the context of
being sexual minorities. This additional positionality not only sets LGBT elders
apart from their non-LGBT counterparts, it also necessitates
specific and unique approaches to addressing the problem of elder
mistreatment and victimization. Given this context, it is our
intent to highlight discrimination by practice and policy against
LGBT elders and to focus on disparities in response to mistreatment
and victimization of LGBT elders as a culturally diverse population
that is already marginalized by age, socioeconomic status, and a
host of other demographic characteristics.
Learning Objectives
By the end of the chapter, the reader
should be able to:
1.
Identify the incidence and prevalence
of elder mistreatment.
2.
Characterize victims and perpetrators
of LGBT elder mistreatment.
3.
Discuss risk factors for LGBT elder
mistreatment.
4.
Explain possible remedies for LGBT
elder mistreatment.
5.
Discuss future research on LGBT elder
mistreatment.
6.
Identify select programs and approaches
on LGBT elder mistreatment.
Introduction
According to Gates (2011), approximately nine million Americans
identify as lesbian, gay, bisexual, or transgender (LGBT). Of that
population, the Movement Advancement Project (MAP), Services and
Advocacy for Gay, Lesbian, Bisexual, and Transgender Elders (SAGE),
and the Center for American Progress (CAP) (2010) estimate that 1.5
million adults aged 65 and over are LGB, with no reliable estimates
for elders who identify as transgender. All estimates are likely
undercounts due to the as yet considerable stigma associated with
“coming out” at any age. “Coming out” for elders may be even more
problematic than for their younger counterparts (e.g., historical
mistreatment of those who identify as LGBT, decreased desirability
being older and LGBT, increased possibility of being dependent on
others). Elders who identify as LGBT face yet another challenge,
which is that of experiencing elder mistreatment. Some LGBT elders
must often contend with abusing, neglecting, or exploiting family
members, including intimate partner violence that can result in
social isolation and low help-seeking behaviors (National Center on
Elder Abuse 2013).
The Scope of the Problem
It is necessary to emphasize at the
outset of this chapter that the information available on the
mistreatment of LGBT elders is, at best, only a rough estimate or
extrapolation from extant data sources. Furthermore, information on
transgender elder mistreatment is even more limited. Stated in
earlier chapters, many elders are highly reticent to “come out” or
stay out because of the treatments and attitudes that they have
witnessed: the AIDS epidemic, various court cases concerning
same-sex marriages, and individual treatment and classification of
LBGT persons that, despite apparent greater acceptance, are still
pervasive today. According to the MetLife Mature Market Institute
LGBT elders study (2006),
27 % of baby boomers reported that discrimination was a great
concern for them.
D’Augelli and Grossman (2001) surveyed 416 LGB elders aged 60 and over
to explore lifetime victimization based on their sexual
orientation. Nearly two-thirds reported experiencing some form of
sexual orientation victimization, with males reporting more overall
victimization than their female counterparts. Of that group, the
authors went on to say that 29 % had been physically
assaulted. Similarly, Frazer (2009) surveyed 3500 LGBT elders aged 55 and
older and found that 8.3 % reported being abused or neglected
by a caregiver due to homophobia; 8.9 % reported being
financially exploited for the same reason. Persons who identify as
transgender reported that 42 % experienced some type of
physical violence or abuse and that 80 % experienced verbal
abuse or harassment (MAP 2009).
Fredrikson-Goldsen et al. (2011)
found, in a study of 2560 LGBT elders , that due to the perception
of being LGBT, 82 % of elders had been victimized once in
their lives, with 64 % being victimized at least three
times.
One area almost never considered in
the elder mistreatment literature is that of transgendered elders
(Cook-Daniels 2002) (see Chap.
14). Research is bearing out that the
social intolerance of transgendered people may be even more intense
than that of LGB persons (Lombardi et al. 2002). Violence is caused both by those who are
intimate and by those who are distant to him or her. Such
maltreatment serves to decrease help-seeking and increase
isolation, which in turn make transgendered individuals even more
at risk for abuse (e.g., little social support and a history of
experiencing a traumatic event) (Acierno et al. 2010).
Although research is continually
refining estimates of the incidence and prevalence of elder
mistreatment , major national studies of elder mistreatment have,
in the main, neglected to include variables that identify elders
who are LGBT (Chap. 16). However, it is possible, by
extension, to develop a rudimentary understanding of elder
mistreatment as it affects LGBT victims, whose unique and
individual experiences are discussed below.
LGBT Victims of Elder Abuse
LGBT victims of elder abuse are
victimized in several ways. First, as Cook-Daniels stressed
(2002) the society in which LGBT
elders aged was extremely homophobic. For example, gay men were
routinely fired from their positions, rejected by their families,
targets of police brutality and harassment, and, until present
times, denied the right to marry and its associated rights.
Further,
Social condemnation of people who have relationships or sex with persons of their own gender is so strong that even those who do not identify themselves as gay or lesbian, those who do not associate with other known Gays or Lesbians, and those who ‘come out’ late in life nevertheless adopt many of the same protective behaviors and social adaptations as those who have long labeled themselves as Gay (Cook-Daniels 2002, p. 3).
Although some protective behaviors may
safeguard elders from abuse (e.g., larger friend networks in later
life), other behaviors result in becoming more isolated over time
and consequently make the elder more vulnerable to abuse, neglect,
and exploitation (Acierno et al. 2010). A number of factors, including being LGBT,
as well as age-related changes, can make an LGBT elder at risk for
abuse.
LGBT elders are particularly
vulnerable to abuse for a variety of reasons. These individuals are
more likely to be estranged from family members or to be childless,
which decrease access to children or family members for support
when they need care. Another reason LGBT elders are at risk for
mistreatment and victimization is discrimination in healthcare,
human services, and some long-term care (LTC) facilities. Too often
the forms of discrimination in LTC facilities are dismissed or
ignored. Examples of mistreatment and victimization include
harassment, limits on visitors, prohibiting same-sex couples from
sharing a room, or refusal to recognize a person’s gender
identity.
Characteristics of Victims. In a national
prevalence study by Acierno et al. (2010), in which self-report data were collected
from 5777 older adults, average age of 71.5 years, 60.2 %
(3477) were female and 39.8 % (2300) were male. As of yet, no
information on sexual orientation of the men and women has been
discussed in peer-reviewed publications. Respondents indicated that
56.8 % were married or cohabitating, 11.8 % (677) were
separated or divorced, 25.1 % (1450) were widowed, and
5.2 % (303) had never married. Also, and by self-report,
87.5 % (4876) of respondents were white, 6.7 % were
African American, 2.3 % were American Indian or Alaskan
Native, 0.8 % (49) were Asian, and 0.2 % (13) were
Pacific Islanders.
Similarly, in the New York State
Prevalence study by Life span of Greater Rochester (2011), which surveyed 4136 adults aged
60 years of age and older and which also did not provide
information on sexual preference, respondents’ self-reports
revealed the following victims’ characteristics: 20.3 % were
between 60 and 64 years of age, 38.0 % were between ages
65 and 74, 29.1 % were ages 75 and 84, and 12.7 % were
aged 85+. The self-reported gender breakdown was 35.8 % male
and 64.2 % female. Respondents self-reported being 65.5 %
were Caucasians, 26.3 % were African Americans; 1.6 %
were Asian/Pacific Islanders; 7.6 % were Hispanic/Latino;
1.9 % were American/Aleut Eskimos; and 2.9 % were “other”
races.
A much smaller and national study,
which also did not collect data on LGBT elders , examined 26 cases
reported and screened in for investigation concerning the alleged
sexual abuse of older men (aged 50 and older) residing in nursing
homes. Cases occurred in five states within a six-month time
period. Of these, six were confirmed upon investigation by Adult
Protective Services (APS) or other regulatory agencies. Victims
tended to be predominately white males with cognitive and physical
deficits that limited their ability for self-care. The most typical
sexual abuse alleged and substantiated was fondling. Residents were
more often substantiated as the abuser than other perpetrators. The
sexual abuse of older men in nursing homes crossed gender,
cultural, and role boundaries.
Victims’ Risk Factors. Age may well be a
risk factor for mistreatment , although studies regarding its
significance are ambivalent. State agencies (e.g., APS; Teaster et
al. 2006) and empirical studies
concentrating on specific types of abuse (e.g., sexual, financial)
have identified adults aged 75 and older as being particularly
susceptible to mistreatment (Burgess et al. 2000; MetLife Mature Market
Institute2011). National
community-based studies by Acierno et al. (2010) and Laumann et al. (2008) revealed that young-old individuals
(60–69) were more prone to abuse than their older counterparts,
especially emotional and physical abuse. The linkage between age
and risk of mistreatment or abuse may be related to the
increasing numbers in the population of old–old and oldest–old
elders, many of whom may experience a decline in health results in
greater dependence on others for self-care than for the general
population of older adults.
Lack of
social support. Elders at advanced ages may also experience
reduced interactions with members of their social network than
those of their younger counterparts, which may be a protective
factor for mistreatment . According to Charles and Carstensen
(2010), older adults have a
propensity to judge the trustworthiness of others more favorably
than do their younger counterparts and, consequently, may
exacerbate their vulnerability for financial exploitation. Castle
et al. (2012) examined age
differences in perceived trust using neuroimaging methodology and
posited that “older adults might have a lower visceral warning
signal in response to cues of untrustworthiness, which could make
deciding whom to trust difficult” (p. 20851).
Both Acierno et al. (2010) and Amstadter et al. (2011) stress that low levels of social support
are correlated with the occurrence of all types of elder abuse .
Elders who are lonely or isolated are significantly more vulnerable
to elder mistreatment than are elders with strong support systems.
According to Acierno et al. (2010),
low social support was associated with more than triple the
propensity for mistreatment of any form to be reported by elders.
Further, Amstadter et al. (2011)
found that low levels of social support significantly predicted the
likelihood of older adults experiencing emotional and physical
mistreatment (see Chap. 30 for further discussion of social
isolation ).
Gender. In the general older adult
population, older women are more likely to be victimized than older
men (Hightower 2004; Wisconsin
Coalition Against Domestic Violence 2009; Krienert et al. 2009). Higher rates of older women who
experience mistreatment may be attributed to their longer life span
(and the associated vulnerabilities mentioned above), which may
provide the occasion to be in contact with potential abusers
(Krienert 2009). Women are subjected to higher rates of family
violence across their life span than men. This fact, together with
research by Acierno et al. (2010)
revealing that previous exposure to a traumatic life event (e.g.,
interpersonal and domestic violence) increases an elder’s risk of
late life mistreatment, may explain how vulnerabilities related to
gender and power dynamics create a component of risk for elder
abuse (Wisconsin Coalition Against Domestic Violence 2009).
Race. In addition to gender, Lachs et al.
(1997) found that race was a risk
factor for mistreatment : more black elders appeared at risk for
mistreatment than their white counterparts. However, the authors
acknowledged that a limitation of their findings was their use of
APS cases as the unit of analysis. Similarly, Tatara
(1999) found that black and
Hispanic elders were overrepresented in data on elder abuse victims
(31 state APS systems), whereas nearly one in three victims known
to authorities was a minority elder. Different cultures and how
they define and approach elder mistreatment may serve to protect or
promote the occurrence of a minority elder’s risk for mistreatment
(DeLiema et al. 2012; Horsford et
al. 2010).
Physical health. Poor overall health and
disabilities that impair an elder’s ability to self-care may
exacerbate his or her risk for abuse. According to Laumann et al.
(2008), older adults who reported
any type of physical vulnerability were 13 % more likely to
report verbal mistreatment than study participants who reported
none. Similarly, Acierno et al. (2010) reported that the likelihood of financial
exploitation by both family members and strangers increased for
older adults with more severe physical disabilities and that poor
health predicted neglect. Further analysis of these data by
Amstadter et al. (2011) revealed
that the need for assistance with activities of daily living and
poor health status were significant correlates of emotional abuse,
physical abuse, neglect, and financial abuse and exploitation of
older adults (see Chap. 33 for additional information on LGBT
elders and disabilities).
Cognitive Impairment. Changes in
cognitive functioning also have been associated with increased risk
of physical abuse, emotional abuse, caregiver neglect, and
financial exploitation. In a study of 8932 older adults in Chicago,
of which 238 were identified as victims of elder abuse by social
service professionals, Dong et al. (2011) noted that several types of age-related
cognitive changes contributed to elder abuse risk. After
controlling for other known risk factors (e.g., medical conditions,
depressive symptoms, and little social support), lower levels of
global cognition, higher dementia severity, lower levels of
episodic memory, and slower perceptual speed were all independently
associated with an increased risk of abuse. Cognitive impairment
increases exponentially with age and is perhaps the most pervasive
and salient risk factor for financial abuse and exploitation
(Sherod et al. 2009).
Other
risk factors. Additional risk factors for the general
population of elders were examined by Acierno et al.
(2010) who found that 45.7 %
(2262) of respondents self-reported low household incomes,
80.9 % (5174) were unemployed or retired, 22.3 % reported
poor health, 62.0 % had experienced a previous traumatic
event, 43.6 % perceived their social support as low,
40.8 % used some form of social services, and 37.8 %
needed some assistance with activities of daily living.
In the Lifespan of Greater Rochester
study (2011), for victims for whom
respondent agency/programs reported about living arrangements,
45.8 % lived alone, 16.9 % lived with spouses or
partners, 17.3 % lived with adult children, 7 % lived
with sons-in-law or daughters-in-law, 6.3 % lived with
grandchildren, 4.7 % lived with other relatives, and
8.8 % lived with other non-relatives. Over three-fourths of
agencies were unable to provide incomes of reported victims;
however, for the 17.4 % who could report this information,
59.3 % of victims were living at or below the poverty
threshold.
Discussion Box 17.1: Victim
Characteristics
Discussion Questions:
1.
How might abuse victims who are LGBT
elders differ from those of the majority population?
2.
Discuss the challenges related to
service provision facing LGBT elder victims seeking help.
3.
Discuss the challenges related to
confronting perpetrators of the abuse of LGBT elder victims.
4.
Examine one resource in detail and how
it might be of help to elder LGBT victims.
LGBT Elders and Risk Factors
Findings from the research literature
on heterosexual adults suggest that many factors—demographic,
social, cultural, historical, behavioral and
psychological—singularly or in concert, may exacerbate, moderate,
or reduce the risk for LGBT elder abuse . In addition to conditions
shared with their heterosexual counterparts, older LGBT adults have
different healthcare needs by virtue of their sexual minority
status. Such needs include diets that may be too rich and exercise
that is too infrequent, stresses from unhealthy or violent
relationships, and sexually transmitted diseases that are ignored
or poorly diagnosed because of societal stigma (Institute of
Medicine [IOM] 2011). A 2012 CDC
report on HIV among gay, bisexual, and men who have sex with men
(MSM) revealed that health challenges for this population include
higher risk factors and incidence of health disorders among lesbian
and gay elders (see Chap. 20). By extrapolation, these
healthcare needs create the potential for LGBT elders to be
dependent upon others for care in ways different from their
heterosexual counterparts, and in addition to these disparities,
their sexual minority status may exacerbate their vulnerability,
and hence, their potential to be abused in old age. Reticence to
ask for help may increase their susceptibility to episodic and
prolonged periods of abuse, as evident from the MetLife Mature
Market Institute study (2006)
revealing that more than 50 % of LGBT baby boomers believed
they would receive disrespectful and undignified treatment from
healthcare professionals.
A recent cross-sectional study by
Fredriksen-Goldsen et al. (2014)
of 2560 LGBT adults aged 50 and older investigated the relationship
between physical and mental health-related quality of
life. The study revealed that physical and mental health
quality of life was negatively associated with discrimination and
chronic conditions and positively associated with social support
and being male. The authors found that mental health was positively
associated with positive sense of sexual identity and negatively
with sexual identity disclosure. The influence of discrimination on
the 80+ group affected them more than other age groups.
Though in no way all, some LGBT elders
may be disproportionately victims of intimate partner violence
(Cook-Daniels 2002). Similar to
the experiences of younger victims, issues of power and control are
pervasive when considering this form of elder abuse (Brandl
2004; Nelson et al. 2004; Pillemer and Finkelhor 1988; Podnieks 1992). Though little data exist, some older LGBT
persons possess a “perfect storm” of risk factors for intimate
partner violence: societal homophobia, reduced social networks,
previous exposure to a traumatic event, reticence to help-seek, low
self-esteem, and fear of being outed and being placed in a
facility.
The interaction between discrimination
and physical and mental health quality of life requires a
consideration of LGBT elders in LTC facilities. Like their non-LGBT
counterparts, more elders are using the broad spectrum of services
offered by the LTC industry including nursing homes, continuing
care retirement communities, skilled nursing facilities, and
boarding homes to name a few. LGBT elders are, however, more likely
to rely on LTC facilities because of fractured or unavailable
traditional systems of support (SAGE 2010). Often, as stated earlier, many LGBT
elders conceal their sexual orientation and gender identity for
fear of discrimination or victimization. Between October 2009 and
June 2010, a national online survey conducted by the National
Senior Citizens Law Center (NSCLC) in collaboration with Lambda
Legal, National Center for Lesbian Rights, National Center for
Transgender Equality, National Gay and Lesbian Task Force, and
Services and Advocacy for GLBT Elders (SAGE), sought to identify
issues facing LGBT elders in LTC. Of the 769 respondents that
included family members, friends, and social as well as legal
service providers, 284 self-identified as LGBT elders. Survey data
indicated that over 40 % (328) of the respondents reported 853
incidents of elder mistreatment in various LTC facilities, with
verbal and physical harm caused by residents and staff being the
most common form of mistreatment. Survey results also showed that
more than 50 % of LGBT elders surveyed believed that they
would suffer neglect or abuse by staff of the LTC facility, with a
majority believing that disclosing one’s sexual orientation or
gender identity would attract discrimination from LTC facility
staff and residents alike.
It is clear that little work has been
conducted on LGBT victims of elder mistreatment . At the same time,
it is also clear that elder LGBT victims do experience elder
mistreatment and, in some respects, may be even more vulnerable to
it than those of the majority population. This vulnerability is
compounded by the fact that interventions for the abuse and its
effects on LGBT individuals, both mentally and physically, are
woefully lacking. Thus, the victimization of such elders may be
either a re-victimization at a later age or a new victimization
altogether. Also, LGBT elders may more likely be polyvictims (see
Chap. 16) than their heterosexual
counterparts. Suggested in earlier chapters, one way of addressing
such problems is to understand and be sensitive to the needs of
LGBT elders. Another is to understand those who perpetrate this
type of elder mistreatment and in this way, to both intervene in
and prevent the problem from occurring in the first place.
Characteristics of Perpetrators
If there is little known about LGBT
victims of elder mistreatment, even less is known about abusers of
LGBT elders. This paucity of information is understandable in light
of the fact that there is so little known about LGBT victims and
that there is so little known about elder abusers in the general
population as well. As with the section above, at this time, it is
only possible to characterize the perpetrators of elder
mistreatment and then, by extrapolation, understand some of the
characteristics of those who abuse LGBT elders.
Amstadter et al. (2010) examined perpetrator and incident
characteristics of the mistreatment of older adults (age 60+) in a
national sample of 5777 older men and women. The sample revealed
that perpetrators of physical mistreatment against men had more
“pathological” characteristics as compared to perpetrators of
physical mistreatment against women. Perpetrators of physical
mistreatment (compared to emotional and sexual mistreatment)
evidenced increased likelihood of legal problems, psychological
treatment, substance use during the abuse incident, living with the
victim, and being related to the victim.
The Lifespan study of mistreatment
(2011) revealed that, for the
two-thirds of agencies able to report age information for abusers,
7.7 % of reported abusers were in the younger than age 18-year
category; 44.8 % were in the 18–45 age category; 25.6 %
were in the age 46–59 age category; and 22 % were in the
60 years and older category. For those agencies able to report
some information on gender of the abuser, 66.3 % were male
abusers and 33.7 % were female abusers. For agency/programs
able to provide information on the relationship between victim and
abuser, 26 % were spouses or partners, 39.7 % were the
victims own adult children, 2 % were sons or daughters-in-law,
9.5 %; were grandchildren, 9.5 %; 3.5 % were friends
or neighbors, 0.65 % were paid home care workers, 13.1 %
other relatives; and 5.6 % were other non-relatives.
Research Box 17.1: Caregivers of LGBT
Elders
Brotman, S., Ryan, B., Collins, S.,
Chamberland, L., Cormier, R., Julien, D., … & Richard, B.
(2007). Coming out to care: Caregivers of gay and lesbian seniors
in Canada. The
Gerontologist, 47(4), 490–503.
Purpose: This article reports on
the findings of a study whose purpose was to explore the
experiences of caregivers of gay and lesbian seniors living in the
community and to identify issues that emerged from an exploration
of access to and equity in health care services for these
populations.
Design and Methods: The study used
a qualitative methodology based upon the principles of grounded
theory in which open-ended interviews were undertaken with 17
caregivers living in three different cities across Canada.
Results: Findings indicated several
critical themes, including the impact of felt and anticipated
discrimination, complex processes of coming out, the role of
caregivers, self-identification as a caregiver, and support.
Implications: We consider several
recommendations for change in light of emerging themes, including
expanding the definition of caregivers to be more inclusive of gay
and lesbian realities, developing specialized services, and
advocating to eliminate discrimination faced by these
populations.
Questions
1.
What is it like to “come out” in late
life? Why would one do so in late life?
2.
Describe what it is like to be a
caregiver of an LGBT elder.
3.
What do you see as the limitations to
this research methodology?
Discussion Box 17.2: Abuse, re-victimization,
or prejudice continued?
Consider the following
scenarios:
Scenario I
Hans and Joe have lived together as
committed partners for almost 45 years. Because of the
homophobic attitude of their families, they have maintained
respectful but distant relations with family members, especially
Hans’. Five years ago, Hans’ health began to fail, and since that
time Joe has taken care of Hans in their home. Unfortunately, just
before the holidays, things took a turn for the worst, and despite
medical intervention and care, Hans died from complications of his
disease. He was 78 years old. After the funeral, Joe went out
of town to visit with mutual friends so he would not be home alone
for the holidays. When he returned a week later, he found that his
home was locked up, locks changed, and his personal belongings
stashed in boxes and stacked beside the garage. Hans’ brother and
sister informed Joe that following Hans’ demise, he no longer had
any right to live in the house, or have any access to Hans’
property. Joe is 74 years old.
-
Is this abuse, re-victimization, or prejudice continued?
Scenario II
When Agatha’s aunt could no longer
afford to pay for her residence at DunRoamin’ Glen, a seniors-only
independent living and retirement community, she decided to bring
her into her home. Agatha’s family is looking forward to meet the
new addition to the family. Agatha, however, has failed to tell her
family that “Aunt Maud,” who is now 65, has spent the last
20 years as “Michael.”
-
How might everyone involved be prepared?
In a national study of APS by Teaster
et al. (2006), with data from
eleven states, 52.7 % of perpetrators were female. For the
seven states reporting ages for alleged perpetrators, 4.3 %
were under 18 years of age, 10.6 % were 18–29,
16.1 % were 30–39, 25.6 % were 40–49, 18.5 % were
50–59, and 11.2 % were 60–69. Among those that provided
information on the relationship of the perpetrator to the victim,
the most common was that of adult child (32.6 %), followed by
other family member (21.5 %), unknown relationship
(16.3 %), and spouse/intimate partner (11.3 %).
Ramsey-Klawsnik et al. (2008) discussed research findings concerning 119
alleged sexual perpetrators reported to state authorities for
abusing elderly individuals residing in care facilities. The
largest group of accused was employees of the facilities, followed
by facility residents, followed by victims’ family members and
visitors to the facilities. Upon investigation by APS and
regulatory staff, 32 individuals were confirmed as sexual
perpetrators against vulnerable elders. Male and female alleged and
confirmed sexual perpetrators were identified as well as both male
and female elderly sexual abuse victims.
In a study of APS in the state of
Kentucky in press found that no differences existed between number
of male and female perpetrators when the sex of the perpetrator was
identified. For the 96 victims (excluding self-neglect and
guardianship), 37.0 % of perpetrators were adult children,
30.4 % were staff members in facilities, and 14.1 % were
spouses or a significant other. Other less frequently occurring
perpetrators were siblings (5.4 %), niece/nephews and
grandchildren (3.2 %, each), and other perpetrators
(6.5 %). Though as yet highly infrequently utilized by the
justice system, states are continuing to develop remedies for the
crime of mistreatment of elders, which are discussed in the
following section.
Remedies
Legal
Remedies. LGBT elders who are victims of mistreatment have
some remedies available to them; however, they are not without real
costs. For mistreatment that is criminal in nature, a court case
could be protracted, and upon all the information presented, the
result could be that the perpetrator receives little or no
punishment. Courts may be reticent to execute restraining orders
for the harassment of LGBT elders in IPV cases. Furthermore, for
those elders hitherto in the closet, pursuing a legal remedy may
result in more exposure of the victim’s status as LGBT, and
consequently to further discrimination and unequal treatment. In
the USA, states have laws that address the mistreatment or abuse of
elders, both community dwelling and those who reside in
institutions. These laws are varied and may be statutes, which are
part of APS laws, or distinct laws criminalizing elder
mistreatment. In addition, basic or general criminal laws such as
those relating to assault, battery, manslaughter, or murder
may be used to prosecute acts against older adult victims (Heisler
and Stiegel 2002; AARP
2012). Elder victims may also bring
civil suits against perpetrators. Remedies available to elder
mistreatment victims include restraining orders, punitive damages,
compensation, and restitution for losses incurred and/or damages
suffered (National Center for Victims of Crime 1999).
In some states, special laws exist
that provide enhanced penalties for crimes against older adults,
including mistreatment, designed to deter such crimes. For
instance, in Nevada, the term of imprisonment for a crime against a
person aged 60+ may be double the prescribed term for the offense;
in Louisiana, the minimum sentence for any violent crime against an
older adult is five years without parole, and in Georgia, enhanced
penalties exist such as recovery of punitive in addition to actual
damages suffered, for those found guilty of deceptive business
practices involving elders (National Center for Victims of Crime
1999).
Other than laws regarding elder abuse
and mistreatment , certain general criminal laws, such as laws
against hate crimes or “bias crimes,” are applicable to victimized
LGBT elders (Morrow 2001). Hate
crimes are defined as crimes where the perpetrator’s conduct was
driven by bias, prejudice, or hatred on the basis of actual or
perceived notions of an individual or group’s status regarding
race, color, religion, national origin, ethnicity, gender, or
sexual orientation (US Congress 1992). Clearly, LGBT elders fall within this
definition, subject as they often are to heterosexism and
homophobia that may place them in environments that may be
fearsome, dangerous, or hostile (Cahill and Smith 2002). States with bias crime laws often have
enhanced penalties, such as harsher sentencing for these crimes,
because bias/hate crimes cause harm to and/or increase
vulnerability of already disadvantaged individuals or groups, as
well as to discourage hate and bias or prevent such crimes
(Lawrence 2002). Although all
states in the USA have some form of hate or bias law, with a
majority including enhanced penalties, as Table 17. 1 shows, less than
one-third have laws that deal with bias or hate crimes based on the
sexual orientation and gender identity (Human Rights Campaign
2013; Leiberman 2010; Leadership Conference on Civil Rights
Education Fund (LCCREF) 2009).
Table 17.1
States with laws addressing hate or bias
crimes based on sexual orientation and gender identity
California
|
Colorado
|
Connecticut
|
Delaware
|
District of Columbia
|
Hawaii
|
Maryland
|
Massachusetts
|
Minnesota
|
Missouri
|
Nevada
|
New Jersey
|
New Mexico
|
Oregon
|
Vermont
|
Washington
|
In these states, laws with enhanced
penalties may provide remedies to LGBT elders including right to
pursue civil action in addition to criminal penalty and harsher
sentencing for offenders (Lawrence 2002). Although the remedies identified above
may provide some relief for elder LGBT victims of mistreatment,
whether under mistreatment laws, general criminal laws, or
hate/bias crime laws, more still needs to be done. In order to
provide appropriate protection from harm as well as to redress or
ameliorate harm if and when it does occur, the development of
policy initiatives and strategies will be necessary. Such
initiatives and strategies will need to address increasing the
number of states with laws against sexual orientation or gender
identity-related hate crimes, imposing stiffer or tougher penalties
and consequences on convicted offenders, increasing requirements
for mandatory reporting of offenses, providing training for
professionals—legal, social, health, criminal justice, and law
enforcement to help enhance prosecution (National Center for
Victims of Crime 1999). In
addition, it is important to increase public awareness and
sensitivity about the vulnerability of LGBT elders as victims of
abuse and mistreatment, both by virtue of age and LGBT
status.
Policy Box: Commission for LGBT Senior
Affairs
Your local county and city government
recently set up a commission for senior affairs as part of a
broader initiative to make the area a livable community and address
the needs of its aging population. As a long-term care ombudsman,
you are aware of many of the concerns faced by older adults in
facilities within the county. One such challenge relates to the
safety and well-being of elderly LGBT residents who suffer
discrimination and abuse in LTC facilities from staff and
residents. You would like to craft a policy for consideration by
the seniors’ commission, requiring LTC facilities to consider the
unique needs of LGBT residents.
-
What factors should be considered in creating this policy? Why?
-
Explain your rationale for targeting LGBT elders specifically.
Programs and Approaches
Services and Advocacy for GLBT Elders
(SAGE). SAGE is the country’s largest and oldest organization
dedicated to improving the lives of LGBT elders. With its
headquarters located in New York City, its mission is to address
issues related to LGBT aging. SAGE offers services and programs to
LGBT older people throughout New York City and via its national
affiliate program, SAGENet, which includes 27 affiliates located in
20 states across every region of the country. Affiliates provide
services and programs to LGBT elders living in the community.
Affiliates serve as advocates for the support of LBGT elders on the
city and state policies that affect them (http://www.sageusa.org/advocacy/sagenet.cfm).
SAGE offers a variety of services and programs (e.g., the arts and
culture and health and wellness). Another service offered by SAGE,
AGEWorks, is an employment program for LGBT elders that, like
SAGENet, has sites around the country. SAGE conducts advocacy for
public policies affecting LGBT elders at federal, state, and local
levels in order to improve LGBT elders’ economic security,
community support, and health and wellness. SAGE also trains aging
providers and LGBT organizations on concerning how to support LGBT
older elders in LTC settings. The organization offers cultural
competence training as part of its National Resource Center on LGBT
Aging and retains a training corps of nearly 40 cultural competence
experts throughout the USA (http://sageusa.org/about/what.cfm).
National Resource Center on LGBT Aging.
Established in 2010 through a federal grant from the US Department
of Health and Human Services, the National Resource Center on LGBT
Aging is the only technical assistance resource center and
clearinghouse in the country devoted exclusively to improving the
quality of services and supports offered to LGBT elders . The
Center provides training, technical assistance, and educational
resources to aging providers, LGBT organizations, and LGBT elders.
SAGE, discussed above, leads the Center and collaborates with 18
leading organizations throughout the USA (http://www.lgbtagingcenter.org/).
Other
Organizations and Resources. As of this writing, the number
of resources that address LGBT elders is proliferating rapidly.
There are now assisted living facilities and nursing homes that
openly cater to elders who are LGBT. Innovative programs targeted
at LGBT elders and designed to provide a continuum of health,
wellness, and social services to community dwelling LGBT elders are
emerging in various communities across the USA. An example is the
Chicago Elder Project at Howard Brown Center. This program is
offered in conjunction with community partners (including Rush
University Medical Center, CJE-Senior Life, Heartland Alliance, and
Midwest Palliative and Hospice Care) to serve LGBT elders by
providing culturally competent and sensitive care (Howard Brown
Health Center, http://www.howardbrown.org).
Advocates for the rights of elders, such as the Long-Term Care
Ombudsman (see Chap. 16), The NSCLC, Lambda Legal, the
National Center for Lesbian Rights, the National Center for
Transgender Equality, and he National Gay and Lesbian Task Force,
are helping raise to the visibility and ensure the rights of
elders who are LGBT.
Conclusion
Readily apparent from this chapter on
mistreatment of LGBT elders is that few studies on elder
mistreatment collect information on LGBT elder abuse. Also readily
apparent is that the time has come for inclusion of this variable
or variables in these datasets. LGBT elders who are mistreated are
victims (polyvictims) in a multiplicity of ways—for their sexual
orientation, gender identify, historic trauma either felt or
experienced and the abuse or abuses (e.g., physical abuse,
neglect, or exploitation) that they experience when they are
abused. Seeking redress for elder mistreatment is also fraught with
peril. Should an elder disclose what was previously undisclosed,
the old issues of being ostracized or mistreated solely because of
one’s sexual preference could be less tolerable than enduring the
abuse. Even if an elder discloses what was previously disclosed,
many service systems and providers are, as yet, untrained and
unsympathetic for the elder’s plight and thus the intervention
offered may do more harm than good. These authors stress that it is
high time to include LGBT issues in research on elder abuse in
order to understand incidence and prevalence of the problem in this
community, to characterize victims and perpetrators, to delineate
and bolster available remedies, to conduct meaningful research and
advocacy, and, most importantly, to improve the quality of life of
present and future LGBT elders.
Summary
The mistreatment and victimization of
older LGBT adults are slowly coming to light in both practice and
research. However, at this point, few studies examine this
phenomenon. What is certain is that being LGBT may place elders at
increased risk for mistreatment due to factors such as isolation,
previous exposure to a traumatic event, and reticence to seek
assistance from informal and formal networks. Penalties for elder
mistreatment must be utilized by law enforcement more frequently,
and statues that explore elder mistreatment as a hate crime also
explored. It is critical that advocates, practitioners,
researchers, and policy makers understand, intervene in, and
prevent the mistreatment of LGBT elders .
Learning Exercises
Self-Check Questions
1.
Why is there so little information
available on victims of mistreatment who are LGBT elders? How might
researchers go about researching this issue?
2.
How might agencies and programs better
intervene in the abuse of LGBT elders?
3.
What are risk factors for elder
mistreatment? How might these differ for LGBT elders?
4.
What are the differences between LBGT
elder mistreatment in community settings and facility
settings?
Experiential Exercise
Arrange a group screening of
GenSilent, a documentary on LGBT elders available from http://stumaddux.com/GEN_SILENT.html.
1.
What issues or concerns are raised in
this documentary?
2.
Identify factors which may increase or
trigger elder abuse/mistreatment potential.
3.
What strategies would you recommend to
ameliorate the situation? Explain?
Resources
AARP’s
Pride Homepage: This is AARP’s online home for the lesbian,
gay, bisexual, and transgender (LGBT) community. The page is
designed to spotlight articles on news, personal finance,
relationships, travel, and other topics of concern to older gay
Americans, and their family and friends (http://www.aarp.org/relationships/friends-family/aarp-pride.html?cmp=RDRCT-PRID_MAY10_011).
CenterLink: The Community of LGBT
Centers: This is the community of LGBT centers exists to
support the development of strong, sustainable LGBT community
centers and to build a unified center movement (www.lgbtcenters.org).
Eldercare Locator: Searchable database
from the Administration on Aging on issues such as Alzheimer’s,
caregiving, elder abuse, Financial Assistance, Food and Nutrition,
Health Insurance, Healthy Aging, Home Repair and Modification,
Housing, In-Home Services, Legal Assistance, Long-Term Care,
Nursing Home, Transportation, Volunteerism (www.eldercare.gov/).
Family
Equality Council: The Family Equality Council is America’s
foremost national advocate dedicated to family equality for
lesbian, gay, bisexual, and transgender (LGBT) parents, guardians
and allies. It has grown into the leading policy advocate on
federal and state issues that impact today’s modern families,
including foster care and adoption, safe schools, family medical
leave, parenting protections, domestic partnership, and marriage
(www.familyequality.org/).
LGBT
Aging Issues Network: American Society on Aging’s
constituent group who are professionals working to raise awareness
about the concerns of lesbian, gay, bisexual, and transgender
(LGBT) elders (www.asaging.org/lain).
The
National Center on Elder Abuse: The National Center on Elder
Abuse (NCEA) serves as a national resource center dedicated to the
prevention of elder mistreatment. NCEA serves as a national
clearinghouse of information for elder rights advocates, law
enforcement, legal professionals, public policy leaders,
researchers, and others working to ensure that all older Americans
will live with dignity, integrity, independence, and without abuse,
neglect, and exploitation (www.ncea.aoa.gov).
National Gay and Lesbian Task Force: Aging
Issues: The mission of the National Gay and Lesbian Task
Force is to build the grassroots power of the lesbian, gay,
bisexual, and transgender (LGBT) community. The Task Force focuses
on aging as one of their delineated issue areas (http://www.thetaskforce.org).
Old
Lesbian Organizing for Change (OLOC): Provides old lesbians
with the chance to meet like-minded women in our common struggle to
confront ageism, to share mutual interests, and to experience the
joy and warmth of playing and working together (http://www.oloc.org).
Parents, Families and Friends of Lesbians and
Gays (PFLAG): Parents, Families and Friends of Lesbians and
Gays provides opportunity for dialogue about sexual orientation and
gender identity, and acts to create a society that is healthy and
respectful of human diversity (www.community.pflag.org/).
Prime
Timers Worldwide: The Prime Timers is a social organization
that provides older gay and bisexual men the opportunity to enrich
their lives. Prime Timers are older gay or bisexual men (and
younger men who admire mature men). Their members are men who
choose to have their social lives enriched by the diverse
activities in which our members engage. No single definition can
describe Prime Timers, as they come from all walks of life. Prime
Timers involve themselves in their community with volunteerism,
politics, gay issues, arts, entertainment, and every other facet of
healthy living (www.primetimersww.org).
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