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Learn reporting requirements, response strategies, and collaboration between agencies to protect and assist older sexual abuse victims effectively. Understand levels of evidence needed and sharing findings for criminal and protective investigations. Discover the benefits of working with a Sexual Assault Nurse Examiner (SANE) and a Rape Crisis Advocate to support victims. Guidelines for initial response and communication are provided to ensure victim safety and provide appropriate care.
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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.
Objectives • Determine the most appropriate initial response strategies/guidelines to use. • Describe appropriate ways of assisting older individuals who are sexually victimized.
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
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.
Goals of Investigations Criminal • Determine whether a crime has been committed. Protective • Determine whether abuse has occurred. • Provide protective services to victim.
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.
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.
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.
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.
Other Adult Protective Services requirement APS must notify local long-term ombudsman council that is responsible for investigating complaints at long-term care facilities.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
