News Reader.info

Judges are not currently obliged to consider a victim’s age and vulnerability when sentencing. A review of hate crime law by retired judge Lord Bracadale last year called for “a new

statutory aggravation based on age hostility”. He also recommended a new separate offence of “exploitation based on vulnerability” to help protect the elderly. But charity Action on Elder

Abuse Scotland (AEAS) will today tell a group of MSPs that this does not go far enough and a specific offence of “elder abuse” is needed. Experts say this would recognise the unique problems

of age-related crime and offer similar protections to those for domestic abuse victims.   AEAS estimates that about 100,000 older Scots suffer some form of abuse, but says too many victims

are afraid to speak out. In a submission to Holyrood’s justice committee, AEAS director Lesley Carcary argued that the introduction of offences of elder abuse in San Diego, California, had

increased arrests and prosecutions. She said: “We believe this approach will provide much more clarity than a new statutory aggravator, and sends a stronger message to the public that elder

abuse will not be tolerated.” Age Scotland said a new “elder abuse” offence “makes sense”. The charity highlighted the fact that many victims are abused by family members or carers, and 

said: “This sort of exploitation of someone’s vulnerability for financial gains should be taken seriously and prosecuted accordingly. “We understand why abuse, committed by, for example,

children, does fit within domestic abuse legislation so should be wholly separate. It is a serious offence which has a devastating impact on the individual’s life and health, mentally and

physically.” A consultation by the Scottish Government on Lord Bracadale’s recommendations closed on Sunday and a hate crime bill is due to go before the Scottish Parliament by September.

Ahead of today’s meeting, justice committee convener Margaret Mitchell said: “Taking advantage of an elderly person is a despicable act. Having safeguards in place to stop elder abuse

occurring in the first place is clearly very important. “Therefore, when this abuse does happen, it is vital that perpetrators face tough consequences. “A range of views exist on how best to

crack down on abusers. “The Justice Committee is listening to the arguments  and wants to know what, if anything, needs to change to ensure elderly people have the necessary protection they

require.”