Presentation on theme: "Elder Abuse & Sexual Assault Tristan D. Svare Deputy District Attorney, San Bernardino County Family Violence Unit - Elder Abuse Prosecution (909) 387-6533."— Presentation transcript:
Elder Abuse & Sexual Assault Tristan D. Svare Deputy District Attorney, San Bernardino County Family Violence Unit - Elder Abuse Prosecution (909) 387-6533 firstname.lastname@example.org
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Perception By Elders Condition of Victim –Hearing Hearing Aids –Vision Glasses Night Blindness Cross-Racial ID –Stroke Damage –Alzheimer’s Damage
Physical Evidence Condition of Crime Scene Public? Private? Secured? Demonstrative Evidence –Photos –Floor plans Re-Create for Victim and Jury
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
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?
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?
Victim Advocates Use Them as your Liaison and Hand-holder Use Them… –Subpoena –Transportation –Medications, Food, bathroom, special needs –Support Local and State Rules/Laws on Applicability / Rights of Advocates/Support
Victim Advocates HIV Warrants & Testing Victim Notification CPOs – Criminal Protective Orders Victim Confidentiality Notification of Defendant/Prisoner Release
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
Testimony In Court Appeal to the Jury –Appearance of elderly victim –Dressed for court –Oxygen tank –Breaks –Speaking Loudly –Polite –Emotional Display
Jury Selection Language – Sex Acts –Be Polite with Jury –Be Crude with the Jury – see their reaction Questionnaires –Written –Oral Pointed and Open Questions
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
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