Probate Code
All states have statutes that protect elder adults from abuse, neglect, and exploitation. These laws typically create a framework for reporting and investigation of such abuse, neglect and exploitation as well as procedures for protection of the elder adult. These laws typically require reporting of known or suspected abuse, neglect, or exploitation either by all persons or an enumerated list of professionals.
States take varied approaches to dealing with elder abuse under their criminal laws. Some states prosecute the crimes under their general criminal statutes such as assault, battery, fraud, and theft; other states enhance the penalties for crimes if they were committed against elderly individuals; and other states have criminal laws that specifically address and criminalize elder abuse.
Note that many states also have separate laws that specifically address elder financial exploitation and address mistreatment of elderly individuals in residential care facilities. These laws are not covered here.
Rhode Island law provides reporting, investigative, and protective services for abused, neglected, or exploited elderly persons. Under the law, any person who has reasonable cause to believe that any person sixty (60) years of age or older has been abused, neglected, or exploited, or is self-neglecting, must make an immediate report to the director of the office of healthy aging, or his or her designee. The law defines relevant terms as follows:
"Abuse" means physical abuse, sexual abuse, and/or emotional abuse of an elderly person by a caregiver.
"Physical abuse" means the willful infliction of physical pain or injury (e.g. slapping, bruising or restraining) upon an elderly person.
"Sexual abuse" means the infliction of non-consensual sexual contact of any kind upon an elderly person. Sexual abuse includes but is not limited to, sexual assault, rape, sexual misuse or exploitation of an elder, as well as threats of sexual abuse where the perpetrator has the intent and the capacity to carry out the threatened abuse.
"Emotional abuse" means a pattern of willful infliction of mental or emotional harm upon an elder by threat, intimidation, isolation or other abusive conduct.
"Exploitation" means the fraudulent or otherwise illegal, unauthorized or improper act or process of an individual, including, but not limited to, a caregiver or fiduciary, that uses the resources of an elder for monetary or personal benefit, profit, gain, or that results in depriving an elder of rightful access to, or use of, benefits, resources, belongings, or assets by use of undue influence, harassment, duress, deception, false representation or false pretenses.
"Neglect" means the willful failure by a caregiver or other person with a duty of care to provide goods or services necessary to avoid physical harm, mental harm, or mental illness to an elderly person, including, but not limited to, "abandonment" (withdrawal of necessary assistance) and denial of food or health-related services.
"Self-neglect" means a pattern of behavior in an elderly person that directly, imminently, and significantly threatens his/her own health and/or, safety. Self-neglect includes but is not limited to, an inability or an incapacity to provide self with food, water, shelter, or safety to the point of establishing the imminent risk of any of the harm(s) described in the immediately preceding sentence.
Rhode Island's criminal laws enhance the penalties for assault, battery, and breaking and entering if they were committed against a person 60 years of age or older.
R.I. Gen. Laws § 42-66-1 through R.I. Gen. Laws § 42-66-17
R.I. Gen. Laws § 11-5-10 through R.I. Gen. Laws § 11-5-10.4
R.I. Gen. Laws § 11-5-12
R.I. Gen. Laws § 11-8-2.3