1. Investigating Elder Sexual Assault
Unit 3

2. 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.

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

4. 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.

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

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

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

14. 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.

15. 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

16. 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.

17. Sources of Evidence
The victim
The suspect
The crime scene

18. 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

19. 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

20. 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