The harm, abuse and exploitation of older people has gone on for far too long. This might include theft, embezzlement, physical or sexual harm, emotional abuse, or neglecting an older person's basic needs. We are calling for the Scottish Government to introduce new laws to crack down on such cruelty, and send a message to would-be perpetrators that this appalling crime will not be tolerated by the people of Fife.

We estimated that around 33,000 of the over-65 population in Fife has experienced some form of harm or abuse. This horrific crime is most likely to take place in the older person's own home, and those who commit it are most likely to be family members. Older people can be particularly vulnerable, especially if they are frail, lonely or have cognitive difficulties such as dementia.

The current criminal justice system is failing to protect older victims of abuse in Scotland. Most cases are never prosecuted - any many should be.  Police cautions are often used as a cheap and easy way of avoiding the time and cost of prosecution. Even when cases are taken to court, the result is often a deferred sentence or community service instead of jail time. When is this going to end?

What are we calling for?

You might be thinking that we already have criminal offences for crimes such as theft or assault, but they fail to adequately recognise the seriousness and unique dynamics of the harm and abuse of older people. They also fail to recognise the impact on the older person. We need a criminal justice system which recognises that victims are often specifically targeted as they are seen as more vulnerable or easy targets, and this needs to be reflected in prosecutions.

We are pleased that the Scottish Government are considering changes to the criminal justice system, but this needs to go much further. We are therefore calling for:

1. Hostility towards an older person on the basis of age to become a hate crime. This would be the same as hate crime towards people on the basis of disability, race, religion or sexual orientation.
2. A new statutory aggravation* in recognition of the fact that existing criminal charges are not enough. This would allow judges (during sentencing decisions) to take account of circumstances where older people are deliberately targeted because they are seen to be vulnerable.
3. A new specific criminal offence of 'elder abuse' for the most serious cases. The Scottish Government has recently introduced a new specific offence of 'domestic abuse' and we see no reason why the same protection should not be offered to older people.

* An aggravation takes into account any circumstances which make the crime more serious, e.g. deliberately targeting someone who is vulnerable would result in a tougher prosecution. So robbing an older man who is frail and blind would result in a heftier prosecution compared to robbing a younger man with no health issues.  

Many older people are abused by their children, however 'domestic abuse' charges can only be brought in cases where their partner or spouse is the abuser. 

The first two proposals above are already being considered by the Scottish Government, but we need as many people as possible to support them if they are to go ahead. The option of a new offence of 'elder abuse' is a completely new and ground-breaking possibility for Scotland, and we would urge you to support this.

Our proposals would require courts to take into account the motivations for targeting older people, the frailty of the victim, and the impact the crime has on them. This is likely to result in tougher prosecutions and a much more effective deterrent towards this abhorrent crime.

Of course, this is only part of the solution, and we also need more support for vulnerable witnesses going through court as this can be a very traumatic experience for many older people. We are therefore also pushing for special consideration for vulnerable older people to make it easier for them to speak up and seek justice.

If we accept the argument for tougher prosecutions for victims of domestic abuse and crimes motivated by race, disability or sexual orientation, why not for our older people?

Find out more on our website: www.elderabuse.org.uk/scotland