Persuasion
The Growing Aging Population Needs Protection from Elder Abuse
As California AG, Kamala Harris protected the elderly.
Updated August 28, 2024 Reviewed by Hara Estroff Marano
Key points
- As Attorney General of California, Kamala Harris prosecuted cases involving elder abuse and undue influence.
- Legal protections against elder abuse are relatively new.
- Elders who are exiting an exploitative relationship require special support and deprogramming to recover.
In a speech accepting the Democratic nomination for president, Kamala Harris recounted her qualifications and accomplishments. “As a young courtroom prosecutor in Oakland, California," she declared, "I stood up for… seniors facing elder abuse.” As California’s Attorney General, she collaborated with AARP Fraudwatch to help protect seniors, among the most vulnerable members of society.
Although it often goes unnoticed, elder abuse is pervasive, with as many as 1 in 10 people over the age of 60 being mistreated or exploited each year. Elder abuse can take many forms—physical, emotional, financial, and psychological.
The psychological manipulation and coercion tactics used on elders often mirror those used by cults, in which undue influence is a central mechanism of control. The parallels is crucial because it helps us recognize and prevent elder abuse, provide the victims with mental health support, and inform our lawmakers on how to effectively prosecute this type of crime, which is inflicted upon one of society’s most vulnerable groups.
A Framework for Recognizing Elder Abuse
Undue influence refers to means of manipulating people to take advantage of them. For example, a person exerting some authority over and usurping the autonomy of an elderly person could supplant that person's will. The abuser may use pressure, intimidation, or tactics such as gaslighting to take advantage of the victim. Cult leaders are known to utilize such tactics to dominate their followers, but the same methods are also employed in abusive relationships. Similar dynamics operate in both situations..
The framework I have developed for analyzing cult behavior, the BITE Model, can also be applied to potential elder abuse cases. It assesses the degree of control exerted over an individual in four domains of experience: behavior, information, thoughts, and emotions.
Behavior control in elder abuse might involve restricting an elder’s access to social groups or controlling their finances. Information control might involve isolating the older adult from family and loved ones and controlling their communications and access to information in a way that distorts their perceptions of reality. Thought control can include gaslighting, causing a victim to doubt their own beliefs and feelings. Emotional control could involve creating an environment of guilt or fear to maintain authority. Detecting any signs of abuse should signal the need to remove the elderly person from the abusive environment.
Legal Protections Against Elder Abuse
In relatively recent years, there have been several laws passed to combat the abuse and exploitation of older adults. The Elder Justice Act, passed in 2010, authorizes a federal response to elder exploitation. It focuses on the neglect, physical abuse, and financial exploitation of the elderly. However, it does little to support victims suffering from the psychological effects of gaslighting and manipulation, and it does not offer a framework for deprogramming them. Nor does it help reunite abused elders with their family if they had become estranged while under a malignant influence.
The Importance of Mental Health Support
Given the intense nature of undue influence and elder abuse, it is of utmost importance to provide comprehensive mental health guidance to anyone exiting such situations. Victims can be referred to Adult Protective Services and law enforcement for primary treatment. Still, mental health counseling with a professional who is adept at recognizing and deprogramming victims of undue influence is necessary to ensure that victims do not slip back into a harmful and exploitative relationship. Victims need support to rebuild their sense of autonomy and heal with their loved ones.
Recognition and Community Involvement Are Key
The legal framework can provide punitive repercussions for abusers, but it cannot heal the victims of undue influence or deprogram their fear and obedience toward the offenders. We must offer robust mental health services and reintegrate victims into their families and communities to help them heal. By increasing public awareness, educating the public about the signs of undue influence, and strengthening legal definitions of elder abuse, we can work towards a society where justice and dignity are a reality for even the most vulnerable among us.
References
Brandt, M. (2018). Elder abuse and psychological manipulation: A growing concern. Journal of Elder Law and Practice, 20(3), 45-58.
Daffern, M., & Howells, K. (2021). Elder abuse and the psychology of control: Parallels to cult dynamics. Psychological Review, 128(6), 1223-1241.
Gass, K., & Jenkins, C. (2020). Gaslighting in elder abuse: Identifying and addressing psychological manipulation in vulnerable populations. Journal of Elder Abuse & Neglect, 32(4), 342-360.
Lachs, M. S., & Pillemer, K. A. (2015). Elder abuse. The New England Journal of Medicine, 373, 1947-1956.
National Council on Aging. (2024). Get the facts on elder abuse. https://www.ncoa.org/article/get-the-facts-on-elder-abuse/
PBS NewsHour. (2024, August 23). Read Kamala Harris' full speech at the Democratic National Convention. PBS NewsHour. https://www.pbs.org/newshour/politics/read-kamala-harris-full-speech-at-the-democratic-national-convention-2
U.S. Congress. (2010). Elder Justice Act. Retrieved from https://www.congress.gov/bill/111th-congress/house-bill/3590/text