Both the federal government and state governments have enacted laws (statutes) that provide civil and criminal penalties for the abuse, neglect, and exploitation of older adults. Elder abuse may take many forms, including (1) financial or material exploitation; (2) physical abuse; (3) emotional or psychological abuse; (4) sexual abuse; (5) neglect; and (6) abandonment.

Domestic elder abuse generally refers to any of these types of abuse when committed by someone with whom the elder has a special relationship—such as a spouse, sibling, child, friend, or caregiver.

Institutional elder abuse generally refers to any of these types of abuse occurring in residential facilities—such as a nursing facility, assisted living facility, group home, board and care facility, or foster home—and is usually perpetrated by someone with a legal or contractual obligation to provide some element of care or protection.

Elder abuse laws vary from state to state and are usually located in a state’s statutes. The federal Elder Justice Act is located in the United States Code beginning at 42 U.S.C. §1397j.

In Rhode Island, elder abuse is addressed through a combination of state statutes and federal law, including the federal Elder Justice Act (42 U.S.C. §1397j). State laws in Rhode Island define elder abuse to encompass various forms such as financial exploitation, physical abuse, emotional abuse, sexual abuse, neglect, and abandonment. Rhode Island General Laws §42-66-8 specifically outlines the definitions and penalties for elder abuse. The state statutes provide protections for older adults both in domestic settings, where the abuser may be a family member or caregiver, and in institutional settings like nursing homes or assisted living facilities. Perpetrators in institutional settings are often those with a legal or contractual obligation to care for the elder. Rhode Island law mandates reporting of suspected elder abuse and provides for both civil and criminal penalties for offenders. The state also has protective services and agencies, such as the Rhode Island Division of Elderly Affairs, which are dedicated to preventing abuse and assisting victims.