Every month we will be looking at Mashpee Wampanoag Tribal Laws that address victimization. In the Tribal Community Laws 2018, Section 1, Chapter 4, Section 4.7 addresses Elder or Vulnerable Adult Abuse. It is a misdemeanor offense for a person to commit the crime of Elder or Vulnerable Adult Abuse under this Section 4.7 if the person has the responsibility for care or custody of an elder or a dependent adult, and the negligent exercise of that responsibility results in deprivation of services necessary to maintain minimum physical, medical, and mental health to a degree of care below that which a reasonable person in like position would exercise. A third conviction of Elder or Vulnerable Adult Abuse under this Section 4.7 is a felony.
“Neglect” herein includes, but is not limited to, all of the following:
Failure to assist in personal hygiene, or in the provision of food, clothing or shelter.
Failure to provide medical care for physical and mental health needs. No elder shall be deemed neglected or abused for the sole reason that he or she voluntarily, and with informed consent, relies on treatment by spiritual or traditional means in lieu of medical treatment.
Failure to prevent malnutrition.
Leaving of an elder or dependent adult unattended for indefinite periods of time.
Stealing or misappropriating money, checks, property or other asses from an elder or dependent adult.
Any person or caretaker who has reasonable cause to suspect or who witnesses abuse of an elder shall report the abuse or suspected abuse to Tribal Police immediately. A person commits the crime of Failure to Report Abuse who without good causes fails to report abuse or suspected abuse of elders or dependent adults.
Elder abuse is a problem that knows no bounds. People from all walks of life face the potential harms brought by elder abuse – at both the individual and community level. For years, many assumed that elder abuse was not a problem in Indian country because traditional beliefs that revere elders in native communities would protect elders against the scourge of elder abuse. However, in the intervening time, evidence has shown that Native elders and communities are no safer from the ravages of elder abuse than any other community. In fact, it may be that elder abuse actually goes unreported more often in American Indian and Alaska Native (AI/AN) communities for a variety of reasons linked to culture and circumstance. Cultural reasons linked to elder abuse generally revolve around the complicated factors of fear, pride, shame, and the need to protect one’s family. The circumstantial reasons are rooted in the history of Native communities and their relationship with the federal government (LTSS Research: Annotated Literature Review, Department of Health & Human Services, and Centers for Medicare & Medicaid Services).
