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Elder Abuse & Sexual Assault

Elder Abuse & Sexual Assault. Tristan D. Svare Deputy District Attorney, San Bernardino County Family Violence Unit - Elder Abuse Prosecution (909) 387-6533 tsvare@sbcda.org. Elder Abuse IS A Problem… Elder Sexual Assault IS A Problem…. What Can We Do About It? PROSECUTE FULLY.

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Elder Abuse & Sexual Assault

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  1. Elder Abuse &Sexual Assault Tristan D. Svare Deputy District Attorney, San Bernardino County Family Violence Unit - Elder Abuse Prosecution (909) 387-6533 tsvare@sbcda.org

  2. Elder Abuse IS A Problem…Elder Sexual Assault IS A Problem… What Can We Do About It? PROSECUTE FULLY

  3. Elder Sexual Assault • How Can We Best Prepare, or Front-Load, A Case to Ensure JUSTICE? • Types of Cases • Problems • Jury Selection • Common Defenses • Practical Approaches

  4. Types of Cases Problems Perceptions of Elders Perceptions by Elders Physical Evidence Recollection Interviews Testimony Advocates Jury Selection Jury Instructions Common Defenses Practical Approaches Elder Sexual Assault

  5. First Things First… • Know Yourself • Know Your Investigator(s) • Educate Yourself • Educate Your Investigators • NCEA – UC Irvine Program in Geriatrics • http://www.centeronelderabuse.org

  6. Types of Cases • Burglary and Rape • Stranger Rape • Family Member Rape or Molest • Caretaker Rape • And, there are different Questions or Defenses on Each Type

  7. Types of Cases – Burglary & Rape Burglary & Rape Often elderly woman living alone Home has been cased or scouted Often with theft or robbery Serial rapist? Question - Identification

  8. Types of Cases – Burglary & Rape • Burglary And Rape, and more • Burglary • Rape • Sexual Assault • Penetration • Molest • Robbery • Assault • What Else?

  9. Types of Cases – Burglary & Rape • Burglary and Rape • Crime Scene • Forensics – Bodily • DNA – Spit, semen, secretions, blood, hair • Oral sex, digital, penile penetration • Forensics - Location • Fingerprints • Footprints • Witnesses • = CORROBORATION

  10. Types of Cases – Stranger Rape • Woman alone • Isolated • Convenient location • Serial Rapist? • Question - Identification

  11. Types of Cases – Stranger Rape • Crime Scene • Forensics – Bodily • Forensics – Location • May be lost in multitude of others at scene • Witnesses • = CORROBORATION

  12. Types of Cases – Family Member Rape • Adult Son • Invalid Victim • Prior History of sex offenses? • Learned behavior? • Question • Did it Happen? Was it Consensual? • = CORROBORATION

  13. Types of Cases – Family Member Rape • Types of Charges • Rape • Assault • Molest • Penetration • What Else?

  14. Types of Cases – Family Member Rape • Crime Scene • Forensics – Bodily • Forensics – Location – not too revelatory – Defendant should be there • Question – Did it happen? Was it consensual? • = CORROBORATION

  15. Types of Cases – Caretaker Rape • At Home • In Facility • Forensics – Bodily • Forensics – Location • Question • Identity? Did It Really Happen? • = CORROBORATION

  16. CORROBORATION What Is It? Where Do You Find It?

  17. Old Wrinkled Smelly Cranky Forgetful Pushy Bathroom Breaks Bad Eyesight Bad Hearing Slow Moving Racial Bias What Else? Problems – Perceptions OF Elders

  18. Violent Messy Forgetful Deaf Sexual Urges Bathroom breaks Child-Like Incompetent Make Believe Suggestible What Else? Problems – Preconceptions of Dependent Adults

  19. Problems – Physical Evidence • Fondling • Digital Penetration • Foreign Objects • Oral Copulation • Penile/Oral – Victim on Perpetrator • Penile/Vaginal Intercourse

  20. Problems – Physical Evidence • Oral/Vaginal – Perpetrator on Victim • Penile/Anal Intercourse • Foreign Object • Sodomy • Duress • Official Purpose / Abuse of Power / Medical Excuse

  21. Perception By Elders • Condition of Victim • Hearing • Hearing Aids • Vision • Glasses • Night Blindness • Cross-Racial ID • Stroke Damage • Alzheimer’s Damage

  22. Physical Evidence • Condition of Crime Scene • Public? • Private? • Secured? • Demonstrative Evidence • Photos • Floor plans • Re-Create for Victim and Jury

  23. Recollection • Condition of Victim • Prior Medical Conditions • Documentation • Short Term Memory? • Long Term Memory? • Trauma From Event • Typical Victim Impact • Emotional Impact on Elders Specifically • Loss of Independence, Shortening of Life

  24. Interviewing Victims • Who Do You Know? • Who Is … Suspect…? • How Do You Know Suspect? • How Long Have You Known Suspect? • ID Suspect? • What Happened with Suspect? • What Did You Want to Do with Suspect?

  25. Interviewing Victims • Conditional Exams / Depositions / Special hearings / Preliminary Hearing / Preliminary Examination • CRAWFORD Requirements of Confrontation • Is Live Testimony Worth the Cost to the Victim? • VIDEO Recording?

  26. Advocates

  27. Victim Advocates • Use Them as your Liaison and Hand-holder • Use Them… • Use Them… • Subpoena • Transportation • Medications, Food, bathroom, special needs • Support • Local and State Rules/Laws on Applicability / Rights of Advocates/Support

  28. Victim Advocates • HIV Warrants & Testing • Victim Notification • CPOs – Criminal Protective Orders • Victim Confidentiality • Notification of Defendant/Prisoner Release

  29. Going To Court

  30. Testimony In Court • Victim Advocate / Support Person • Field Trips To Victim • ADA – Americans With Disabilities Act • Field Trips To Crime Scene • Patience Is KEY • Choice of Language • Clinical Terms • Polite Language

  31. Testimony In Court • Appeal to the Jury • Appearance of elderly victim • Dressed for court • Oxygen tank • Breaks • Speaking Loudly • Polite • Emotional Display

  32. Jury Selection • Language – Sex Acts • Be Polite with Jury • Be Crude with the Jury – see their reaction • Questionnaires • Written • Oral • Pointed and Open Questions

  33. Jury Selection • Questions and Questionnaires • Dealings with elders • Dealings with dependent adults • Accommodate private answers • Advocacy groups, stance on issues • Right to say no to sex • Reactions in the face of fear, embarrassment, sexuality, sexuality of seniors

  34. Jury Selection • Questions • TV viewing habits and reading materials • Law & Order Mystery Novels • CSI Newspaper • Forensic Files • Living with elderly family members • Ability to talk about sex with other Jurors • Biases and Prejudices

  35. Victim Credibility • Contextualize for the Jury • Confirm the experience of the Victim • The Car Stereo Exercise

  36. Jury Instructions • Direct & Circumstantial Evidence • Sufficiency of Victim’s Testimony • Weight of Testimony • Expert Opinions & Lay Opinions • Priors Acts • Consent • Elder Abuse

  37. Common Defenses • Someone Else • Mistaken ID • Consensual Sex • Mistaken or Vindictive Victim • No Sex At All • Fabrication • Police Frame Up • Co-Defendant Frame Up

  38. Elder Sexual Assault Cases • Know Yourself • Preparation is Key • Anticipate the Defenses • Educate your Investigators • Inoculate Your Jury • Elder Sexual Assault • The Jury Wants To Convict

  39. Tristan D. SvareDeputy District Attorney San Bernardino County District Attorney’s Office Family Violence Unit – Elder Abuse Prosecution tsvare@sbcda.org (909) 387-6533

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