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 • DCF’s 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.

12. Medicaid Fraud Control Unit (MFCU) • Law enforcement agency within Florida Attorney General’s 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

14. 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.

17. Benefits of Working with a Rape Crisis Advocate • Victims more likely to continue through the process. • Can answer victim’s basic questions about case. • Can explain process over and over to the victim. • Can support victim’s 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.