Investigating Elder Sexual Assault Unit 3

Objectives Use appropriate questioning and interviewing techniques. Identify how to support successful prosecution. Identify sources/issues relevant to collection and preservation of evidence. Identify steps in proper processing of the scene and collection of evidence, according to the investigation checklist.

Stages of the Interview Preparing for the interview Building rapport Getting the information Closing the interview

Preparing for the Interview Location – Private and Safe Interview the person alone (unless otherwise requested) Interview in the person’s home or facility, if impairments make travel impractical.

Preparing for the Interview Get background information from a trusted person who knows the victim well. Determine who should conduct the interview.

Building Rapport Before beginning to ask questions specific to the assault, build rapport with victim. Introduce yourself or have a trusted person introduce you. Convey interest and respect.

Building Rapport Let the older victim have as much control as possible. Don’t take notes – wait till later. Take your time. If victim is female, sit facing her. If victim is male, sit shoulder to shoulder.

Getting the Information Proceed slowly and carefully, at the older person’s pace. Use words and language easily understood. Use broad, open-ended less threatening questions first.

Getting the Information Progress slowly to the more focused, direct, intimate questions. Do not use leading questions suggestive of particular answers. If broad questions don’t result in disclose, use focused questions about the reason for the report.

Getting the Information Explain your role. After disclosure begins, ask the victim to describe what happened in their own words. Ask clarifying questions - where, when, frequency of occurrence, and specifics. Remain calm and do not share your emotional reactions.

Getting the Information Don’t show anger or express blame toward the suspect. Validate the victim’s feelings and give them information about elder abuse.

Special Speech and Language Limitations Ask about and use the older person’s usual method of communication. If victim can point, use large cards with the words “Yes”, “No” and “Pass”. If victim can’t read, use cards with (+) for “yes” and (-) for “no” and a blank card for “pass.” Use anatomical dolls or drawings.

Closing the Interview May need a series of interviews. Tell the older victim what will happen next. Let the victim ask questions.

Closing the Interview Give your card to the victim and anyone helping them so they may call with questions or to add info. Thank the older person and tell them you understand how hard it has been for them to discuss what has happened.

Common Reasons for NOT Prosecuting According to a study of sex crimes against elders in Virginia: Insufficient evidence Older victim being unable to participate in the prosecution Lack of evidence

Other Reasons for NOT Prosecuting Law enforcement electing NOT to investigate or take a report. Alleged perpetrator not identified. Alleged perpetrator unable to participate in his or her defense. Both the older victim and the alleged perpetrator had Alzheimer’s disease.

Sources of Evidence The victim The suspect The crime scene

Sources of Evidence The Victim Information Identity or description of the suspect Location and scope of the crime scene Details of the assault Identity or description of witnesses. Forensic To be collected from victim’s body by trained medical personnel only DNA Trace evidence

Sources of Evidence The Suspect Information Alibi facts or witnesses Excuse or justification for the assault Admission and confession Forensic Suspect’s DNA - Reference standards Victim’s DNA - body tissue or fluids such as vaginal fluids, blood, saliva, skin cells Trace evidence

Sources of Evidence The Crime Scene Information Witnesses Forensic Victim’s and suspect’s DNA - bodily fluids and tissues Latent fingerprints Items used in the assault such as condoms, lubricants, burglary tools Trace evidence