Gold Membership
R
Older Persons Act, 2006 (Act No. 13 of 2006)Chapter 5 : Protection for Older Persons30. Prohibition of abuse of older persons and special measure to combat abuse of older persons |
| (1) | Any person who abuses an older person is guilty of an offence. |
| (2) | Any conduct or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress or is likely to cause harm or distress to an older person constitutes abuse of an older person. |
| (3) | For the purposes of subsection (2), "abuse" includes physical, sexual, psychological and economic abuse and— |
| (a) | "physical abuse" means any act or threat of physical violence towards an older person; |
| (b) | "sexual abuse" means any conduct that violates the sexual integrity of an older person; |
| (c) | "psychological abuse" means any pattern of degrading or humiliating conduct towards an older person, including— |
| (i) | repeated insults, ridicule or name calling; |
| (ii) | repeated threats to cause emotional pain; and |
| (iii) | repeated invasion of an older person’s privacy, liberty, integrity or security; |
| (d) | "economic abuse" means— |
| (i) | the deprivation of economic and financial resources to which an older person is entitled under any law; |
| (ii) | the unreasonable deprivation of economic and financial resources which the older person requires out of necessity; or |
| (iii) | the disposal of household effects or other property that belongs to the older person without the older person’s consent. |
| (4) | If a court, after having convicted a person of any crime or offence, finds that the convicted person has abused an older person in the commission of such crime or offence, such finding must be regarded as an aggravating circumstance for sentencing purposes. |
