Vulnerable Adult Crime Victim

Mentally disabled people are sexually assaulted more times than the rest. Neither are they
likely to be taken seriously, nor are their statements against their abusers believed. Consent is
essential in determining sexual abuse, but it gets complicated when the victim is mentally
disabled. They can still consent to engage in sex, but their cases deserve special consideration
(Shapiro, 2018). To determine such cases, it must be proved that they were knowledgeable of the
situation and engaged in it voluntarily without any manipulation. Evidence must also prove that
the victim agreed to engage in a specific sexual activity without coercion or intimidation.
In this case, the victim is a female adult who is mentally disabled. She was sexually
assaulted and exploited financially by a stranger without the knowledge of her legal guardian.
Given that the victim is mentally disabled, I would ensure that the interview process does not
cause further trauma by applying techniques that consider her mental state. The approaches and
techniques used during questioning should be legally admissible in court but limit further trauma
to the victim. I would avoid leading questions by remaining empathetic. Given that the victim is
an adult, I would remain objective and sensitive by ensuring she is well aware of the situation
and what the law enforcement seeks to find out without appearing judgmental. She will be
allowed to narrate the events and everything that happened, followed by questions seeking
clarifications.
Besides the victim, I would also obtain information from the legal guardian to help find
more about the victim and if she was aware of the stranger. The legal guardian has more facts
and personal information about the victim and would provide relevant information for the
investigation. Throughout the interview process, I would maintain a positive attitude without
asking questions that suggest the victim is lying or unsure of her statement. Ensuring that she

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remains comfortable and feels concerned about law enforcement is crucial. The legal guardian
and the victim will fill out a form providing relevant details for law enforcement to plan a
follow-up interview. I might also consider gathering information from significant “eye
witnesses,” including the victim’s neighbors and friends. They might also provide critical
information about the victim’s abuser and the main suspect in the case. Significant witnesses
refer to individuals who have directly heard or seen activities that indict the perpetrator.
The victim will be offered options and choices on how they would like the interview
process to proceed. The interviewing stage in a case of sexual assault is an important stage of the
investigation and can determine whether the prosecution will be successful. The victim should
not be treated as a piece of evidence (Archambault & Lonsway, 2020). Any mistake made during
the interview stage might have a profound effect on the outcome of the case and affect
cooperation by the victim. There is a difference between an interrogation and an interview, and I
would ensure that the victim does not feel she has done anything wrong.
I would dig deeper to know what truly happened than just asking basic questions like
when, where, and why. I would also ensure that I do not need to maintain a stern demeanor while
talking to the victim but rather attempt to remain relatable. These approaches and techniques will
be applied while interviewing the victim and the witness. It is crucial to ensure that they are
comfortable enough to continue providing facts about the case, answer any questions, and
provide relevant documents for the prosecution to win the case. Cases involving mentally
disabled victims should be treated with the same seriousness as those involving ordinary citizens.
Admittedly, building the case requires asking the victim, the legal guardian, and
significant witnesses a few objective and relevant questions. For example, the investigator can
ask the victim questions like: What is your relationship with Mr. Jones (pseudonym)? How many

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times in a week does he visit you? Does he intimidate or force you to give him your credit card
or make withdrawals? Do you consent to sex, or is it forceful? At the same time, the legal
guardian can answer the following questions: Were you aware of the predicaments that Ms. Jane
(pseudonym) has been facing for the last six months, including their clandestine relationship? If
yes, did you approve of this relationship, and what steps did you take to protect Ms. Jane? If not,
has a similar situation occurred to her again in the past? Do you genuinely think Jane or the
perpetrator is to blame? Finally, neighbors, friends, and other significant witnesses can answer
the following questions: What do you think of the relationship between Jane and the male friend?
Is their relationship exploitative and violent? What have you seen or heard transpire between the
two?
Finally, my priority (as the lead investigator) regarding this call is to guarantee the safety
of the victim, including her mental health (anxiety, trauma, depression, suicidal thoughts) and
physical wellbeing (HIV status). The victim must receive physical and mental assessment,
appropriate treatment, and psychological counseling. The next step is to pursue justice for the
victim. According to Flynn (2016), disabled crime victims in the U.S. and globally are entitled to
fair treatment and trial, access to justice, compensation, and assistance. It is my duty to gather
enough evidence at this early stage of the investigation that would be used in the court of law to
incriminate the perpetrator. The evidence should be sufficient and admissible in the court.

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References

Archambault, J., & Lonsway, K. A. (n.d.). EVAWI – End Violence Against Women
International. https://evawintl.org/wp-content/uploads/Module-6_Interviewing-the-
Victim-8.20.2020.pdf
Flynn, E. (2016). Disabled justice: Access to justice and the UN Convention on the Rights of
Persons with Disabilities. Routledge.
Shapiro, J. (2018, January 8). The sexual assault epidemic no one talks about. NPR.org.
https://www.npr.org/2018/01/08/570224090/the-sexual-assault-epidemic-no-one-talks-
about