An empirical examination of elder abuse through the lens of mens rea

Author:

Bajpai Naval,Sharma Gunjan,Dubey Prince,Kulshreshtha Kushagra

Abstract

Purpose The purpose of this paper is to examine elder abuse (EA) tendency in the context of social integration and caregiver stress (CGS). Afterward, the attempt has been made to examine the role of mens rea or intention in the incidence of EA. Design/methodology/approach For examining the opinion on EA through the perspective of the elderly and caregiver, a questionnaire was developed using exploratory factor analysis and confirmatory factor analysis. Afterward, a z-test was used for analyzing the results obtained from the elderly and caregivers. Findings The results showed that in the context of EA, the opinion of caregivers differs from the elderly. This finding was attributed to the theory of ignorance. Based on this, the legal action for every incidence of EA was discouraged by seeking endorsement from the attachment theory especially for the EA incidences arising due to factors such as social isolation or CGS. Research limitations/implications This research addresses the presence and non-presence of mens rea or intention in the incidence of EA. Future studies may be conducted by taking a sample from two more developed and developing economies. Moreover, based on the findings the recommended framework can be empirically examined by future researchers. Practical implications Understanding the study through the perspective of the caregiver may facilitate the academicians and practitioners in keeping the fabric of relationships stronger among the elderly and caregiver. Originality/value Based on the results obtained from the elderly and caregiver, this study proposes a conceptual framework for examining the EA through the lens of mens rea/intention of the caregiver. It is recommended that initiating legal action for every incidence of EA must be discouraged. However, the incidences such as physical abuse (assault), financial abuse, sexual abuse and alike for which the law itself assumes the presence of intention must not be exempted.

Publisher

Emerald

Subject

Law,Sociology and Political Science

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