Elder Abuse Conviction Overturned in Wyoming
According to a report posted on Wyomingnews.com from the Wyoming Tribune Eagle, the Supreme Court in Wyoming reversed a conviction of elder abuse against a man arguing that his actions did not meet the legal definition of elder abuse.
According to the report, 47-year-old Ricky Dougherty was convicted of sexually abusing an elderly woman last year. The prosecutors in the case stated that Dougherty sexually touched himself in front of a 65-year-old woman in a hospital. The report states that the district attorney has not stated whether prosecutors will re-file the charges placed against Dougherty.
Although Dougherty’s actions are still unacceptable and should not have taken place, the fact that he did not physically harm or abuse the victim means that no charge of elder abuse could be held since the woman was not abused. Therefore the fact that the judge reversed the conviction does make sense. According to a statute in Wyoming state law, a person is guilty of abuse only if they intentionally cause harm to a person by neglect, abuse or exploitation/intimidation. Therefore, since Dougherty did not commit any of these actions, the conviction could not be held. In addition, abuse under Wyoming state law is only enforceable if a person’s actions can be constituted as punishment, which leads to abuse.
