Gavin Howe
Abuse is a violation of an individual's human and civil rights, which may result in significant harm. It involves the misuse of power and control that one person has over another. While the impact of abuse is the deciding factor in determining whether an act constitutes abuse, intent may not always be considered. There are several types of abuse recognised by law, including physical, sexual, psychological, emotional, financial, technological, institutional, and neglect.
| Characteristics | Values |
|---|---|
| Physical abuse | Intentional bodily injury, hitting, pushing, rough handling, exposure to heat or cold, force-feeding, improper administration of medication, denial of treatment, misuse or illegal use of restraint, deprivation of liberty, slapping, pinching, choking, kicking, shoving, or inappropriate use of drugs or physical restraints |
| Sexual abuse | Non-consensual sexual contact, rape, indecent exposure, sexual harassment, inappropriate touching, sexual assault, sexual photography, subjection to pornography, witnessing sexual acts, stalking, grooming, forced nudity, exposure to sexually explicit material |
| Psychological/emotional abuse | Threatening, humiliating, shouting, yelling, swearing, blaming, controlling, intimidating, coercing, harassing, verbal abuse, cyberbullying, isolating, unreasonable and unjustified withdrawal of services or supportive networks, treating an adult like a child, use of silence to control behaviour |
| Financial abuse | Theft, fraud, burglary, embezzlement, withholding pension or benefits, pressuring around wills, property or inheritance, exploitation, mail and internet scamming, coercion in relation to financial affairs or arrangements, withholding money, unauthorised or improper use of money or property, staff borrowing money or objects from a service user |
| Institutional abuse | Mistreatment or neglect of an adult by a regime or individuals in settings that adults at risk reside in or use, poor standards of care, poor practice and behaviours, inflexible regimes and rigid routines, violation of dignity and human rights, failure to provide safe and appropriate services, failure to ensure preventative and/or protective measures are in place |
| Domestic violence or abuse | Controlling, coercive, threatening behaviour, violence, abuse, psychological, virtual, physical, verbal, sexual, financial, emotional, honour-based violence, female genital mutilation, forced marriage, so-called 'predatory marriage', enforced social isolation |
| Child neglect | Deprivation of food, clothing, warmth, hygiene, medical care, intellectual stimulation, supervision, safety, emotional neglect |
| Self-neglect | Neglecting personal hygiene, health, surroundings, hoarding |
| Discriminatory abuse | Harassment, slurs based on protected characteristics such as age, disability, gender, sexual orientation, race, religion |
| Modern slavery | Slavery, human trafficking, forced labour, domestic servitude |
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What You'll Learn
Physical abuse
When it comes to children, physical abuse is recognised as any act that deliberately hurts a child physically or puts them at risk of physical harm. This can be a single incident or a pattern of incidents and is not limited to physical injury. For example, denying a child access to essential care, such as medical treatment or adequate nutrition, can also be considered physical abuse. The Children First Act 2015 in Ireland abolished the defence of "reasonable chastisement" in court proceedings, ensuring that protections relating to assault apply to children in the same way as adults.
It's important to note that the presence of physical abuse may be difficult to detect, and indicators should be carefully assessed to ensure the safety of those affected.
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Sexual abuse
Sexual assault is a form of sexual abuse that involves unwanted sexual contact or non-consensual sexual activity, such as sexual touching, fondling, kissing, or pressuring someone to commit sexual acts. Rape, defined as the penetration of the vagina or anus without consent, is a type of sexual assault. Sexual abuse also encompasses sexual exploitation, molestation, and sexual harassment. Sexual exploitation involves profiting from the sexual exploitation of another person or exchanging goods or services for sex. Sexual harassment refers to any unwelcome conduct of a sexual nature that may cause offence or humiliation and can occur in or outside the workplace.
Child sexual abuse is a specific type of sexual abuse that involves using a child for sexual gratification. It can involve both touching and non-touching behaviours, such as showing sexually explicit material to children or exposing them to inappropriate content through information and communication technology. Consensual sexual activity involving an adult and a minor is also considered sexual abuse, as the age of consent for sexual intercourse is typically above the age of a minor.
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Psychological/emotional abuse
In some states, emotional abuse is recognised as a legal cause of action, and certain emotionally abusive acts, such as threats or public disturbances, are considered crimes. Victims of emotional abuse can seek legal help and protection, such as restraining orders, by documenting evidence of the abuse, including dates, incidents, emails, text messages, and eyewitness accounts.
Psychological abuse involves the use of verbal and social tactics to control someone's way of thinking, such as "gaslighting". This form of abuse can have a significant impact on the victim's mental health and well-being, and it is important to recognise and address it to prevent further harm.
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Financial abuse
In the case of elder abuse, financial exploitation is a significant concern. Older adults may be particularly vulnerable to financial abuse due to cognitive decline or dependence on caregivers. In the United States, the Senior Safe Act of 2018 provides legal protection for banks that report suspected elder financial exploitation to law enforcement and adult protective services. Additionally, FINRA (Financial Industry Regulatory Authority) has implemented regulations to protect senior investors, such as encouraging broker-dealers to obtain the name of a trusted contact and authorizing them to temporarily halt transactions if financial exploitation is suspected.
To protect oneself from financial abuse, individuals can take proactive measures such as safeguarding their personal information, changing account and password details, and creating passwords that are difficult to guess. It is also generally advised not to co-sign financial contracts with individuals who cannot be trusted to act honestly and responsibly. In cases of financial abuse, seeking legal and financial advice is crucial to understanding one's rights and options for reimbursement or recovery.
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Institutional abuse
In addition, institutional abuse can be the result of high-stress working environments, lack of proper training for workers, and organisational issues such as lack of goals or policy. This can lead to improper implementation of treatments and a higher risk of abusive situations. Isolation from the community or family can also be a factor, as well as the inability to manage difficult patients or residents. In some cases, institutional abuse can be intentional, as seen in residential treatment centres and schools that market themselves as therapeutic while engaging in abusive practices.
There is a lack of state legislation defining and prosecuting institutional abuse, which makes investigating and addressing these issues challenging. However, it is important to recognise the signs of institutional abuse, such as physical marks, inconsistent decision-making, and lack of respect for religious or cultural beliefs. If institutional abuse is suspected, it should be reported to the relevant authorities, such as the person in charge of the institution, regulatory bodies, or the police, depending on the nature of the abuse.
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Frequently asked questions
Physical abuse is the intentional use of physical force or mistreatment of one person by another, which may or may not result in physical injury. This includes hitting, pushing, rough handling, exposure to extreme temperatures, force-feeding, improper administration of medication, denial of treatment, misuse of restraints, and deprivation of liberty.
Sexual abuse is any behaviour (physical, psychological, verbal, virtual/online) perceived to be of a sexual nature that is controlling, coercive, exploitative, harmful, or unwanted. This includes non-contact sexual activities such as indecent exposure, stalking, grooming, and being involved in the production of sexually abusive material.
Psychological or emotional abuse is behaviour that inflicts mental distress by threat, humiliation, or other verbal/non-verbal conduct. This includes threats, humiliation, rejection, ridicule, shouting, swearing, blaming, controlling, intimidation, and coercion.
Financial abuse is the misappropriation or misuse of money, property, benefits, or other assets without the consent of the victim. This may include theft, fraud, burglary, exploitation, embezzlement, withholding pension or benefits, or pressure exerted around wills, property, or inheritance.
Institutional abuse is the mistreatment or neglect of an adult by a regime or individuals in settings where adults who may be at risk reside or use. This includes situations where the collective failure of a service provider or organisation results in poor standards of care, violation of human rights, and the absence of necessary preventative measures.
