Navigating the Criminal Justice System with Older Survivors Mary Beth Pulsifer Community Outreach Coordinator Women’s Resource Center of the New River Valley Protective Orders A – Z, June 20 – 22, 2012

Why is it important for us to consider the special needs of older victims? 2.1 million older Americans each year are victims of abuse/neglect Only about 1 in 14 cases is reported to authorities In approximately 90% of cases, perpetrators are family members Demographics: by 2030, more persons will be over 65 than under 18

What is Domestic and Sexual Violence in Later Life? Domestic violence in later life is a pattern of coercive control and abuse of an older person (50 +) in the context of a trusted, ongoing relationship. Sexual violence is conduct of a sexual nature which is non-consensual, and is accomplished through threat, coercion, exploitation, deceit, force, physical or mental incapacitation, and/or power of authority. “Elder” is typically defined as an individual age 60 or 65.

Tactics What are some vulnerabilities sometimes seen in older adults that could be used by an abusive partner/perpetrator to exert control?

Common Domestic Violence Scenarios Domestic Violence Grown Old New Relationship Domestic Violence Late Onset Domestic Violence Reverse Domestic Violence Other family members

What do we know about sexual violence in later life? Health problems and disabilities increase vulnerability and reduce help-seeking Most perpetrators have special access to victims as family members, intimate partners, fellow residents or caregivers National Institute for Justice Research demonstrated that the older the victim, the less likely the offender was found guilty Information from Sexual Violence in Later Life Fact Sheetwww.nsvrc.org

Barriers to Seeking Assistance Common responses to disclosure: denial and victim blaming Embarrassment Loyalty/Reluctance to report family members Lack of familiarity with / mistrust of the system Generational differences

More Barriers to Seeking Assistance Fear of escalating abuse Fear of loneliness Fear of loss of autonomy and control

What are some ways we can minimize these barriers?

Listen!

Minimizing Barriers Invite advocate participation Believe Avoid blaming statements/language Give back control Be aware of/respect routine and schedule Use familiar settings when possible Avoid interruptions Have one point person throughout process Others?

Challenges in Preparing for Court Length of the court process Getting to court Waiting time in court Safety during the process

What are some ways we can minimize these challenges for the victim?

The key to minimizing the challenges presented is to spend time in preparation getting to know the victim well enough to anticipate what the challenges will be and collaborating with a variety of resources in your community to address the challenges.

Potential Challenges During Trial Inability of victim to testify Reluctant victim Competency Issues – victim or perpetrator Common myths/misconceptions Caregiver stress “Sexual” assault “Harmless little old man”

How might we address these challenges?

Addressing Potential Challenges During the Trial Advocate for a speedy trial and against delays and postponements Record victim testimony as soon as possible Obtain competency evaluations if indicated Expert witnesses Employ techniques of victimless prosecution Utilize advocates to support victim in the courtroom

Case Example: Miss Mary

Questions for Discussion What were some of the challenges seen in Miss Mary’s case? What were some of the strengths exhibited by Miss Mary? How might the challenges be addressed? If a case like Miss Mary’s existed in your community, what resources/agencies could you look to for help? What resources do you wish were available in your community?

Questions? Comments?