چکیده:
Elderly victims are considered one of the newest specific groups in supportive victimology studies. One of the most important ways to protect this vulnerable group against victimization is through the use of legal-regulatory mechanisms and measures. This article, while paying attention to the most important types of elderly victimization (such as assault, battery, and financial abuse), examines the existing facilities in English law (such as power of attorney, guardianship, and other institutions related to mental health issues) for preventing this type of victimization and proposes suggestions (especially changes in laws to meet existing needs) to address the deficiencies of this legal system in this field.
خلاصه ماشینی:
This article, while paying attention to the most important types of elderly victimization (such as assault, battery, and financial abuse), examines the existing facilities in English law (such as power of attorney, guardianship, and other institutions related to mental health issues) for preventing this type of victimization and proposes suggestions (especially changes in laws to respond to existing needs) to address the deficiencies of this legal system in this field.
" For example, it is not possible to provide a precise and clear definition of legal capacity, and English law encompasses different and distinct procedures and methods that act in various ways depending on whether the issue relates to the person's property and assets or to their care and treatment.
It has also been said that some legal mechanisms, especially criminal prosecutions, are inappropriate in many cases of elder abuse because the perpetrators of these maltreatments are themselves, in a way, victims of that situation.
However, in English law, it is not clear whether such a case constitutes an assault on persons or not, because judicial practice traditionally emphasizes the direct relationship between the defendant's wrongful act and the harm caused to the complainant (this condition is not seen in the United States and Canada).
This case concerned the sexual abuse of a sixteen-year-old girl with intellectual disabilities in a private care home, where the complaint was successful because it was proven that Dutch civil and criminal laws had not provided sufficient legal protections in this matter.
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