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Victim Considerations When the Victim has a Disability or is an Older Adult

Victim Considerations When the Victim has a Disability or is an Older Adult. Accommodations. Determine if the victim needs any accommodations in order to fully participate in the investigation The person is the expert on what they need; it is okay to ask

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Victim Considerations When the Victim has a Disability or is an Older Adult

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  1. Victim Considerations When the Victim has a Disability or is an Older Adult

  2. Accommodations • Determine if the victim needs any accommodations in order to fully participate in the investigation • The person is the expert on what they need; it is okay to ask • In some situations, another person may assist in explaining the accommodation needed • Refer to Disabilities Protocol pages……Accommodations (page 35, 36)and Communication (page 25-34) • Check In to see if accommodations are working • Americans with Disabilities Act

  3. AccommodationsAmerican Sign Language (ASL) • Persons who use ASL must have qualified interpreters • Don’t use children or family to interpret • Communicate with person and not with the interpreter

  4. Victims who Use American Sign Language • A true story • What yelling looks like • Not all interpreters are created equal

  5. Culture of Compliance • Does the victim appear to want to give the right answer and please others?  • What strategies can be used to lessen this tendency, i.e. re-asking question, asking general or 3rd person question? • Assure victim they are not in trouble

  6. Guardianship • May be family or public entity • Victim can still make many decisions • Guardian may be offender or protecting offender • Interview victim without guardian present or within hearing or visual • Victim can still testify; guardian may want to protect victim from testifying • Pages 80-81 in prosecutor protocol for people with disabilities

  7. Determining Needs • Determine if and how the act of violence impacts existing conditions?  • The assault may not have involved a lot of physical violence (obvious injuries); however, existing medical conditions may amplify potential health risks.

  8. Determining Needs:Questions to Ask Determine the relationship between the victim and the offender • Ask: What tasks does he/she do for you? • Ask: Do you have someone else who can do this for you? If caregiver is the offender, discuss/arrange for daily needs to be met

  9. Determining Needs:Questions to Ask Determine available options for assistance • Ask: Who would you like to call to ask for assistance? • Ask: Can we call the Center for Independent Living or Adult Protective Services to ask for help?

  10. Before leaving the scene Work with community agencies to access needed resources and support. • For persons with a disability work with Center for Independent Living and/or disability service agency • For older adults work with Adult Protective Services or the Area Agency on Aging. • If the caregiver is the guardian, petition for temporary guardianship

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