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What is the legal definition of vulnerable adult abuse?
To file for an order, you (a “vulnerable adult”) must have experienced any of the following acts committed by a caretaker, family or household member, or a person who is in a “confidential relationship” with you:
- emotional and psychological abuse, which includes repeatedly doing any of the following:
- a sexual act or the simulation of a sexual act directed at you and without your consent that involves nudity or is obscene;
- unreasonable confinement;
- harm or damage or destruction of your property or pets; or
- ridiculing or demeaning conduct, derogatory remarks, verbal harassment, or threats to cause physical or emotional and psychological abuse;
- financial exploitation, which means wrongfully taking or controlling your property with the intent to defraud you;
- neglect, which is when a caretaker causes harm to your health or welfare without a reasonable medical excuse, including the failure to provide you with sufficient food, clothing, shelter, or medical care;
- physical abuse, which is physical harm, bodily injury, the attempt to cause physical harm or injury, or fear of immediate physical harm or bodily injury.1
1 SDCL §§ 21-65-1(4), (13); 22-46-1(4) – (7)
