Elder Justice Initiative Publications

Prosecutors’ Challenges in Elder Abuse Cases: Navigating Decision-Making Capacity and Consent Defenses

The need for this discussion is clear. Research shows that elder abuse prosecutions have increased over the past two decades. Yet despite growing awareness of the issue, many cases still go unreported or are not prosecuted—particularly when questions arise about the victim’s ability to make decisions. Uncertainty around capacity and a lack of clear, admissible evidence can prevent cases from moving forward, leaving older victims without justice. Learn more about prosecutor’ challenges by reading the full white paper here.