ABSTRACT

The older offender represents some special problems to both the social services and the criminal justice system. This chapter aims to emphasize the complex nature of discussions involving situations in which the accused is an older person. It is based on the author’s experiences over five years on a professional review panel which advised social service agencies and the courts in the disposition of child abuse cases. The majority of the cases dealt with sexual abuse as at least one aspect of the situation. The public generally wants to disassociate itself from sexual deviants, and generally believes that normal older people are sexless or have a significant reduction in interest in sexual issues. Without credible sexual motive due to advanced age, it is not difficult to invoke a diminished capacity or similar defense. The classical dilemma of rehabilitation versus revenge is particularly easily resolved with the older accused.