Responding to Elder Sexual Assault

1
Responding to ElderSexual Assault

• Unit 2

2
Objectives

• Identify requirements for reporting toand
  coordinating with other responsible agencies.
• List advantages of a multidisciplinary response
  to sexual abuse of older individuals.
• Identify resources to make appropriate referrals
  and gain multidisciplinary support.

3
Objectives

• Determine the most appropriate initial response
  strategies/guidelines to use.
• Describe appropriate ways of assisting older
  individuals who are sexually victimized.

4
Required Collaboration

• All criminal justice agencies must help
  Department of Children Families - Adult
  Protective Services to protect vulnerable adults.
• Criminal justice duties include but are not
  limited to
• Forced entry
• Emergency removal
• Emergency transportation
• Enforcement of court orders

5
Protective Investigations

• DCFs Adult Protective Services (APS) must
  cooperate with law enforcement in criminal
  investigations.
• If law enforcement receives initial report, it
  must notify APS through the Abuse Hotline
  1-800-962-2873.
• Criminal and protective investigations shall
  proceed concurrently.

6
Goals of Investigations

• Criminal
• Determine whether a crime has been committed.

• Protective
• Determine whether abuse has occurred.
• Provide protective services to victim.

7
Levels of Evidence Required

• Criminal
• Must have probable cause to arrest.
• In court abuse must be proven beyond a reasonable
  doubt.

Protective Only preponderance of evidence needed
for Adult Protective Services to protect victim.
8
Sharing Findings

• Law enforcement must share findings of criminal
  investigations with Adult Protective Services.
• Adult Protective Services must share findings of
  protective investigations with law enforcement.

9
Adult Protective Services Must Determine

• Whether a person is a vulnerable adult.
• Whether a vulnerable adult is in need of
  services.
• If indications suggest abuse, neglect or
  exploitation.

10
Adult Protective Services Must Determine

• Nature and extent of abuse and injuries.
• If possible, who is responsible for abuse,
  neglect, or exploitation.
• Immediate and long-term risk to vulnerable adult.
• Which services to provide to protect individual
  and best way to provide them.

11
Other Adult Protective Services requirement

• APS must notify local long-term ombudsman
  council that is responsible for investigating
  complaints at long-term care facilities.

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Medicaid Fraud Control Unit (MFCU)

• Law enforcement agency within Florida Attorney
  Generals Office.
• Investigates abuse, neglect exploitation in
  Medicaid funded facilities
• i.e., nursing homes, assisted living facilities,
  and adult family care homes.
• MFCU and local law enforcement together will
  determine primary investigative responsibility.

13
Multidisciplinary Response

• DCF may develop multidisciplinary adult
  protection teams in each district.
• Teams may want representatives from
• Health care services
• Mental health care services
• Social services
• Legal services
• Law enforcement

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Benefits of Multidisciplinary Response

• Saves time.
• Helps prevent re-traumatization.
• Uses expertise of many professionals.
• Provides victim support for so LE can focus on
  investigation.
• Victim more likely to continue.
• Prosecutors get better evidence testimony.

15
Benefits of Working with a Sexual Assault Nurse
Examiner (SANE)

• Improves evidence collection.
• Shortens exam time.
• Proper chain of custody maintained.
• Can explain lack of injuries or consistency of
  injuries.
• Respected as credible witnesses at trial.
• Better provision of services for victim.

16
Benefits of Working with a Rape Crisis Advocate

• Provides emotional support to victim so law
  enforcement can focus on investigation.
• Available 24 hours a day, 7 days a week.
• Help victim reconstruct memories.
• Information referrals.
• Can help victim from forensic exam through court
  proceedings.

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Benefits of Working with a Rape Crisis Advocate

• Victims more likely to continue through the
  process.
• Can answer victims basic questions about case.
• Can explain process over and over to the victim.
• Can support victims family members.

18
Initial Response Guidelines/Strategies

• Ensure victim safety.
• Assess arrange for medical care.
• Expect wide range of responses.
• Expect traumatization, even if not obvious.
• Respond to each victim as an individual.

19
Response Guidelines

• Show respect and concern.
• Use appropriate non-verbal communication -active
  listening open body posture.
• Contact a rape crisis advocate.
• Repeat info a number of times.
• Write down instructions.

20
Response Guidelines

• Give victim options to gain feeling of control.
• Explain investigative process.
• Realize victim may be confused because of shock
  not old age.
• Assess special needs interpreter?
• Look for red flags of sexual abuse when
  investigating other crimes against elders.

21
Response Guidelines

• When responding to domestic violence, look for
  red flags of sexual violence.
• Restore hearing aids, glasses, walkers, etc.
• Ask older victims if they need assistance, before
  assuming they do.
• Be aware of personal space.
• Be patient.