Wednesday, August 17, 2011

Animal Hoarding: Part 3: The Laws and Prosecution

Part 1 of this series provided an overview of the problem of animal hoarding, and Part 2 addressed how to identify animal hoarding. Part 3 examines animal hoarding and the law.

What are the laws around animal hoarding? Although the consequences of animal hoarding are covered implicitly under every state’s animal cruelty statutes, only two—Illinois and Hawaii—have laws that specifically define and address animal hoarding. Hoarding legislation has been introduced, but failed, in such states as Montana, New Mexico, and Vermont—with speculation that these did not gain traction due to lack of recognition of the severity of animal hoarding; the belief that such activity is adequately covered by animal cruelty laws; and that pet owners would perceive them as unnecessary forms of control.

Why is there so little incentive to prosecute animal hoarding?  With minimal legal definition for animal hoarding, courts that assign low priority to animal abuse cases, and lack of understanding of the severity of abuse in hoarding situations, it is little wonder that so few cases are prosecuted. Additionally, the rescued animals typically become the expense of the rescuer—and the cost of caring for scores of diseased, malnourished, and poorly socialized animals can be enough to bankrupt a community shelter.

Further disincentive occurs due to the difficulty of prosecuting such cases when they are brought to trial. A
lthough hoarding cases exhibit characteristics of animal abuse, it is difficult to demonstrate intent to harm since hoarders are often emotionally and psychologically troubled, rather than criminally inclined.

Why is animal hoarding a community issue? Even when prosecution is successful in the courtroom, the ultimate outcome is seldom a win since recidivism among animal hoarders approaches 100%. A diagnosis for animal hoarding has not been established in the diagnostic manual used by psychologists (DSM-IV-TR), but symptoms show similarities to those of addicts and disordered personalities. Dr. Stephanie LaFarge, a psychologist with the ASPCA who specialized in human/animal relationships says, “Like many psychological conditions, the causes of animal hoarding are probably multiple and, therefore, assessment of emotions, behavior and thoughts must be multifaceted to point the way toward successful treatment. Key community agencies must work together to prevent animal hoarders from harming the large number of animals they gain control over.” LaFarge continues, “Social service agencies must collaborate with animal shelters and law enforcement to intervene to save the animals and then follow up with years of monitoring to prevent a recurrence. The general public needs to be educated to realize that the hoarder is not just a nice little old lady who 'loves too much.'”

One thing that is clear: prosecution alone will not change the behavior of animal hoarders.


Part 4, the final chapter in this series, addresses what you can do to deter animal hoarding activities at an individual level and in your community.

No comments:

Post a Comment