Law Enforcement Resource Cards

Summary of Elements

See §968.075 for complete statute

When determining the PREDOMINANT AGGRESSOR, consider:

• The most significant, but not necessarily the first, aggressor
• History of domestic violence between parties
• Statements made by witnesses
• Relative degree of injury
• Extent to which each person present appears to fear any party
• Has either party made threats or threatened future harm?
• Did either party act in self defense?

Charges may include, but are not limited to: battery, disorderly conduct, damage to property, 1st, 2nd or 3rd degree sexual assault, stalking, strangulation, and false imprisonment. 

ARREST IS MANDATORY IF A 72-HOUR NO CONTACT, TEMPORARY RESTRAINING ORDER, OR INJUNCTION IS VIOLATED.

Summary of Elements

See §968.075 for complete statute

A.  Interviews - parties

1. Separate parties/interview
2. History of abuse - reported and unreported
3. Document elements of offense (if suspect not present, attempt to locate and complete probable cause affidavit and proceed as above)

B.  Interview adult family members and other adult witnesses

1. Statements seen/heard
2. History of abuse - reported and unreported
3. If not on scene, canvass for witnesses

C.  Interviewing children

1. Separate from all parties and other children
2. Assess for child abuse (physical or sexual); if child abuse, report as mandated reporter 
3. Interview about DV incident and DV history.  If available, utilize a Child Advocacy Center (CAC) for a video-recorded forensic interview. 
4. Document demeanor/emotional state
5. Ask about safety of parties, siblings, etc.

D.  Sexual assault - adults and children

1. Contact Forensic Nurse Examiner (FNE) program if available 

E.  Physical evidence

1. Injuries - victim and suspect (describe - photograph - get medical release)
2. Damage to property (describe - photograph where significant)
3. Collect evidence including any object(s) used to injure

F.  Record observations - parties/witnesses

1. Demeanor 
2. Signs of substance abuse
3. Physical condition of people and surroundings
4. Physical sizes

G.  Complete risk assessment or lethality assessment

H.  Offer advocacy services

1. Provide victim with information about local domestic abuse advocacy program
2. If the victim consents and gives permission, contact local domestic abuse advocacy program to follow-up with victim 
3. Provide victim with Crime Victim Rights information 

Summary of Elements

See §968.075 for complete statute

Pro-arrest policies are urged in dating or intimate partner relationships where below criteria is present

Arrest is MANDATORY when:

1. The crime is reported within 28 days of occurrence; and
2. You have reasonable grounds to believe the suspect's actions constitute a crime; and
3. The relationship is domestic (spouse, former spouse, adults residing together, adults who formerly resided together, adults with a child in common, etc.); and
4. A reasonable basis exists to believe that continuing domestic abuse against the victim is likely.  Domestic abuse includes: the intentional infliction of physical pain, physical injury or illness; intentional impairment of physical condition; a sexual assault; or a physical act that may cause the other person to reasonably fear imminent engagement in the above-described conduct; or
5. Evidence of physical injury to the victim; or
6. The person is the predominant aggressor.  
7. The person violated a 72-hour no contact, a TRO, or an injunction. 

Summary of Elements

See §813.12 for complete statute

A temporary restraining order (TRO) is valid for up to 14 days from the date issued, unless extended.

Service Required

TRO must be served on respondent to be enforceable.  If TRO hasn't been served, law enforcement should serve petitioner's copy and arrest if respondent won't stop the violation immediately.  Make sure service is then reported.

Arrest Required

If probable cause that a condition of the TRO has been violated - ARREST IS MANDATORY.

Foreign Protection Orders

A TRO issued in another state, tribe, or a territory governed by the U.S. (i.e. District of Columbia, Puerto Rico, etc.) is enforceable in WI under §813.128.  If probable cause that a condition of a foreign protection order has been violated - ARREST IS MANDATORY.   

Stalking

Consider if the violation or respondent's actions meet the elements of any other crime.  Violations of a TRO may constitute stalking.  §940.32

Advocacy Services

Provide the victim with information about local domestic abuse advocacy program.  An advocate can:

• Assist a victim with safety planning
• Support a victim through the restraining order process
• Discuss other supportive services available 

Please see cards on Safe at Home for information on safety planning options for victims.

ONLY A RESPONDENT CAN VIOLATE THE TEMPORARY RESTRAINING ORDER.  THE PETITIONER CANNOT BE ARRESTED OR CHARGED FOR VIOLATING THE RESTRAINING ORDER. PETITIONER INITIATED CONTACT DOES NOT NULLIFY THE TEMPORARY ORDER. 

Summary of Elements

See §813.12 for complete statute

Domestic abuse, individuals at risk, and harassment injunctions are valid for up to 4 years; child abuse injunctions are valid for up to 2 years.  Under certain circumstances, a domestic abuse injunction can be granted for up to 10 years. 

Service NOT Required

Domestic abuse, harassment, child abuse, and individuals at risk injunctions are enforceable as soon as the judge signs the order in court, whether or not the respondent is present.  Service is NOT required.

Arrest Required

If probable cause that a condition of the injunction has been violated - ARREST IS MANDATORY.

Firearm Surrender

It's a felony under §941.29(1m)(f) if the respondent in a domestic abuse or child abuse injunction is in possession of a firearm.  Harassment injunctions may also include no firearm possession.  Check conditions set by the judge.  

Foreign Protection Orders

A injunction issued in another state, tribe, or a territory governed by the U.S. (i.e. District of Columbia, Puerto Rico, etc.) is enforceable in WI under §813.128.  If probable cause that a condition of a foreign protection order has been violated - ARREST IS MANDATORY.   

Stalking

Consider if the violation or respondent's actions meet the elements of any other crime.  Violations of an injunction may constitute stalking.  §940.32

Advocacy Services

Provide the victim with information about local domestic abuse advocacy program.  An advocate can:

• Assist a victim with safety planning
• Support a victim through the restraining order process
• Discuss other supportive services available 

Please see cards on Safe at Home for information on safety planning options for victims.

ONLY A RESPONDENT CAN VIOLATE THE INJUNCTION.  THE PETITIONER CANNOT BE ARRESTED OR CHARGED FOR VIOLATING THE RESTRAINING ORDER.  PETITIONER INITIATED CONTACT DOES NOT NULLIFY THE INJUNCTION.  

Summary of Elements

See §940.32 for complete statute

1. Intentional course of conduct directed at the victim that would cause a reasonable person under the same circumstances to suffer serious emotional distress OR to fear bodily injury, death, or the death of a member of their family or household.
2. Suspect knows or should know that at least one of the acts will cause the victim to suffer severe emotional distress or fear injury or death.
3. Suspect's actions caused the victim severe emotional distress or fear of injury or death.  Severe emotional distress means feeling terrified, intimidated, threatened, harassed, or tormented and does not require that the victim received or will receive treatment from a mental health professional.  

Important Reminders

• Provide victim with contact information for the local domestic abuse advocacy program to access supportive services and assistance with a safety plan
• Refer to the cards on Safe at Home for information on safety planning for victims 
• Discuss with the victim how stalking has affected their daily life (i.e living in fear, quit school/job, not sleeping, etc.)
• Check if suspect is violating any no-contact orders: 72-hour no contact, temporary restraining order, injunction, bail or probation conditions, family court orders.  Arrest for EVERY violation
• Collect evidence of all communications (letters, emails, texts, social media messages, voicemails, etc.)
• Collect complete history to establish distress/fear
• After conferring with the victim, use stalking warning letters to advise the stalker of the consequences of the continued behavior.  If the victim fears this will cause the behavior to escalate, do not use.  A victim who knows the stalker is the expert on their safety.  Use of a stalking warning letter is not required to charge the perpetrator with stalking.  
• Stalking is a red flag for lethality.  DO NOT underestimate the stalker's potential for violence.  

A series of two or more acts (by suspect or person aiding the suspect) carried out over a period of time, however short or long, that show a continuity of purpose, including but not limited to:

1. Maintaining a visual or physical proximity to the victim.
2. Approaching or confronting the victim.
3. Appearing at the victim's workplace or contacting their employer or co-workers.
4. Appearing at the victim's home or contacting neighbors.
5. Entering the property owned, leased, or occupied by the victim.
6. Contacting the victim by telephone, text message, electronic message, electronic mail, or other means of electronic communication or causing the victim's telephone or electronic device or any other person's telephone or electronic device to ring or generate notifications repeatedly or continuously, regardless of whether a conversation ensues. Photographing, videotaping, audiotaping, or, through any other electronic means, monitoring or recording the activities of the victim. This subdivision applies regardless of where the act occurs.
7. Sending to the victim any physical or electronic material or contacting the victim by any means, including any message, comment, or other content posted on any Internet site or web application. Sending to a member of the victim's family or household, or any current or former employer of the victim, or any current or former coworker of the victim, or any friend of the victim any physical or electronic material or contacting such person by any means, including any message, comment, or other content posted on any Internet site or web application for the purpose of obtaining information about, disseminating information about, or communicating with the victim.
8. Sending any physical or electronic material, by any means, to the victim's family or others to obtain information about, disseminate information about, or communicate with the victim, including cyber stalking.
9. Placing or delivering an object to property owned, leased, or occupied by the victim.
10. Delivering an object to, or placing an object on the property of, a member of the victim's family, members of the victim's household, friends, or co-workers with the intent to deliver to the victim.

Two or more acts means that so long as ONE of those acts is in your county, you have jurisdiction to make an arrest.

It is NOT required that the acts constituting the course of conduct be a crime in and of themselves for them to be charged as part of stalking; however, if the acts can be charged as additional crimes (battery, false imprisonment, disorderly conduct, etc.) they should be charged.  

Strangulation or suffocation can cause a medical emergency which can result in death days after an incident.  The victim could exhibit symptoms or injuries up to 36 hours after strangulation.  

§940.235 Strangulation and Suffocation:  Whoever intentionally impedes the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person is guilty of a Class H felony.  Lack of consent is not required.  

The majority of victims will have no visible injury.  Call for an immediate medical evaluation.

Document victim report or officer observation of any of the following physical signs and symptoms of strangulation/suffocation:

• Sore throat
• Hoarse or raspy voice
• Difficulty talking, breathing, or swallowing
• Shortness of breath
• Loss of bodily functions such as bowel movement, urine, or vomiting (check scene for evidence)
• Ringing ears or light-headedness
• Dizzy or seeing spots
• Fainting or loss of consciousness
• Bruising or swelling of the neck
• Impression/ligature marks
• Mental status changes
• Spots around eyes, face, mouth, or scalp from ruptured capillaries or petechiae 

Examples of strangulation-related investigative questions to ask the victim:

• Are you having or did you have difficulty breathing?
• Are  you or did you feel light-headed, faint, or close to losing consciousness?
• Have you experienced any loss of bodily functions (urination, bowel movements, nauseas, or vomiting?)
• Are you in any pain or discomfort?
• Are you having trouble swallowing?
• How was the suspect strangling you?  DO NOT DEMONSTRATE ON THE VICTIM
  • One hand, choke hold, hand over mouth?
  • Amount of force?
  • Ligature?
  • Amount of pressure?
• What was the suspect saying?
• As the suspect was strangling you, what were you doing?  What were you thinking?
• How did the strangulation or suffocation stop?

Consider physical evidence:

• Listen to 911 call to document voice changes
• Check suspect for any defensive injuries.  
• Capture photo documentation of scene and any injury to victim or suspect.  
• Have Forensic Nurse Examiner (FNE) collect swabs of victim's neck

Gathering evidence:

• The assault has at least three "crime scenes" where evidence may be present: the assault location, the victim, and the suspect
• Remember to collect any evidence from suspect that could quickly degrade (i.e. mouth area)
• Collaborate with advocate to discuss the benefits of a SANE exam
• If bringing victim or suspect to the hospital, provide SANE nurse with a brief synopsis of the assault
• Collect physical evidence: DNA, toxicology, hairs and fibers, condoms, lubricants, clothes, bedding, photograph any injuries
• Look for underlying felonies (strangulation, false imprisonment, intimidation of a victim)
• In your written report:
  • Do not use the word "alleged" to describe the victim or the assault
  • Document only objective facts, not opinions or conclusions
  • By definition, sexual assault is not consensual. Unless quoting the victim, refrain from using language that implies consensual sex.
  • If possible, use victim quotes when describing the assault

Offer victim the option of having an advocate present during the victim interview.

• Did the suspect make any direct or indirect threat to harm the victim? Does the suspect have a history of violence? Have there been grooming behaviors leading up to the abuse or assault?
• Did the suspect use physical force or violence, restrict the victim with body or objects, threaten with a weapon?
• Describe the nonconsensual contact including body parts involved (i.e penis to mouth, fingers to vagina, penis to anus, etc.)
• Was the victim able to communicate non-consent? (i.e. saying "no," "stop," "please don't," "not now," screaming, crying, physically resisting, freezing, complying). Absence of any of these examples does not imply consent.
• Develop timeline before/during/after assault from victim, suspect, and witnesses.
• Look for evidence at the crime scene that would corroborate the assault.
• Identify anyone the victim first disclosed to.
• Identify medical witnesses (doctors, nurses, paramedics)
• Identify behavior changes in the victim since the assault
• Identify behavior changes in the suspect since the assault
• Check social media and electronic communications for behavior changes/statements about contact by any party
• With consent, obtain victim's phone as evidence if relevant voicemails or text messages exist

It's very important to remember:

• Delayed reporting is the norm. There are many reasons a victim may not immediately report a sexual assault.
• Do not ask "why" questions of victims. While your intention is to obtain information about the assault, "why" questions may be interpreted as victim blaming.
• A sexual assault victim may be experiencing a significant amount of trauma so may be unable to answer your questions with a lot of detail, may have lapses in their memory, and may not be able to provide a chronological sequence of events.
• Attend to any immediate safety or medical concerns and delay a full interview until the victim is ready.
• Offer the victim the option of having an advocate present during the victim interview. An advocate can provide emotional support to a victim and assist with safety planning an other supportive services.

Summary of Elements

See §940.225 for complete statute

Lack of consent required

• §940.225(1) 1st Degree Sexual Assault - Sexual contact or sexual intercourse causing or including:

1. Pregnancy or great bodily harm
2. Use or threat of dangerous weapon
3. Aided or abetted by force or threat of force

• §940.225(2) 2nd Degree Sexual Assault - Sexual contact or sexual intercourse causing or including:

1. Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.
2. Has sexual contact or sexual intercourse with another person without consent of that person and causes injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care for the victim.
3. Has sexual contact or sexual intercourse with a person who suffers from a mental illness or deficiency which renders that person temporarily or permanently incapable of appraising the person's conduct, and the defendant knows of such condition.
4. Has sexual contact or sexual intercourse with a person who is under the influence of an intoxicant to a degree which renders that person incapable of giving consent if the defendant has actual knowledge that the person is incapable of giving consent and the defendant has the purpose to have sexual contact or sexual intercourse with the person while the person is incapable of giving consent.
5. Has sexual contact or sexual intercourse with a person who the defendant knows is unconscious.
6. Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without the consent of that person.
7. Is an employee of a facility or program under §940.295 (2) (b), (c), (h) or (k) and has sexual contact or sexual intercourse with a person who is a patient or resident of the facility or program.
8. Has sexual contact or sexual intercourse with an individual who is confined in a correctional institution if the actor is a correctional staff member. This paragraph does not apply if the individual with whom the actor has sexual contact or sexual intercourse is subject to prosecution for the sexual contact or sexual intercourse under this section.
9. Has sexual contact or sexual intercourse with an individual who is on probation, parole, or extended supervision if the actor is a probation, parole, or extended supervision agent who supervises the individual, either directly or through a subordinate, in his or her capacity as a probation, parole, or extended supervision agent or who has influenced or has attempted to influence another probation, parole, or extended supervision agent's supervision of the individual. 
10. Is a licensee, employee, or nonclient resident of an entity, as defined in §48.685 (1) (b) or 50.065 (1) (c), and has sexual contact or sexual intercourse with a client of the entity.

11. Is a law enforcement officer and has sexual contact or sexual intercourse with any person who is detained by any law enforcement officer, as provided under §968.24, or is in the  custody of any law enforcement officer. This paragraph applies whether the custody is lawful or unlawful and whether the detainment or custody is actual or constructive.

• §940.225(3) 3rd Degree Sexual Assault

1. Sexual intercourse
2. Sexual contact, involving ejaculation or emission of urine or feces

• §940.225(3m) 4th Degree Sexual Assault

1. Sexual contact not involving ejaculation or emission in 3rd degree

Lack of consent NOT required

• §940.225(2)(cm) 2nd Degree Sexual Assault - Sexual contact or sexual intercourse with person intoxicated to degree making person incapable of consent  Assailant must know degree of intoxication.
• §940.225(2)(d) 2nd Degree Sexual Assault - Sexual contact or sexual intercourse with a person defendant knows is unconscious. 
• §940.225(2)(g) 2nd Degree Sexual Assault - Sexual contact or sexual intercourse with a patient or resident by an employee of a facility or program under §940.295
• §940.225(2)(h) 2nd Degree Sexual Assault - Sexual contact or sexual intercourse by correctional staff with a person confined to a correctional institution
• §940.225(2)(i) 2nd Degree Sexual Assault - Sexual contact or sexual intercourse by a supervising parole or extended supervision agent with an individual on probation, parole, or extended supervision.  
• §940.225(2)(j) 2nd Degree Sexual Assault - Sexual contact or sexual intercourse by a licensee, employee, or non-client resident of an entity, as defined in §48.685(1)(b) or 50.065(1)(c), with a client of the entity.

WITHOUT CONSENT = Victim is NOT required to physically resist or even say "No."  Compliance DOES NOT equal consent.

Consent means overt words or actions that indicate freely giving agreement to have sexual intercourse or sexual contact.

Ask questions to determine what the victim thought was going to happen.

• Was there fear of death or bodily injury?
• Were there threats (including verbal) to victim or others?
• Was a weapon or something fashioned as a weapon involved?
• Was there false imprisonment and/or strangulation or other crimes of violence?
• Is there a history of violence?  Why did the perpetrator target this victim?  What was the victim's vulnerability?

A victim may be targeted for a perceived vulnerability, which may include but is not limited to:

• Intoxication or under the influence of drugs or alcohol
• Physical or developmental disability 
• Age (either younger or older)
• Immigration status
• Language barrier
• Mental health issues
• Opportunities to groom the victim
• Perpetrator in a position of authority or otherwise has power and control over the victim

Summary of Elements

See §940.302 for complete statute

Human trafficking involves any of the following ACTS: recruiting, enticing, harboring, transporting, providing, or obtaining an individual or attempting to do any of the same...

...for the PURPOSE of labor or services or a commercial sex act:

Services: activities performed by one individual at the request, under the supervision, or for the benefit of another person §940.302(1)(c)

Commercial sex act: sexual contact, sexual intercourse, sexually explicit performance or other conduct done for the purpose of sexual humiliation, degradation, arousal, or gratification for which anything of value is given to, promised, or received, directly or indirectly, by an person.    §940.302(1)(a)

The trafficking is done by any of the following MEANS:

1. Causing or threatening to cause bodily harm to any individual 
2. Causing or threatening to cause financial harm to any individual
3. Restraining or threatening to restrain any individual
4. Violating or threatening to violate a law
5. Destroying, concealing, removing, confiscating, or possessing any actual or purported passport or official identification document of any individual or threatening to do the same
6. Extortion
7. Fraud or deception
8. Debt bondage
9. Controlling or threatening to control any individual's access to an addictive controlled substance
10. Using any scheme, pattern or other means to directly or indirectly coerce, threaten, or intimidate any individual
11. Using or threatening to use force or violence on any individual
12. Causing or threatening to cause any individual to do any act against the individual's will or without the individual's consent. 

A person is guilty of a Class D felony if he or she knowingly engages in human trafficking.  

Whoever benefits in any manner from a violation of human trafficking is also guilty of a Class D felony if the person knew or reasonably should have known that the benefits came from an act or scheme described above.

Whoever knowingly receives compensation from the earnings of debt bondage, a person engaged in prostitution, or a commercial sex act is guilty of a Class F felony.  The penalty for a Class F felony is a fine not to exceed $25,000, prison not to exceed 12.5 years, or both.

Debt bondage: the condition of a debtor arising from the debtor's pledge of services as a security for debt if the reasonable value of those services is not applied toward repaying the debt or if the length and nature of the services are not defined.  

Affirmative Defense:  A victim of human trafficking has an affirmative defense for any offense he or she committed as a direct result of the trafficking without regard to whether anyone was prosecuted or convicted for trafficking.  See §939.46(1m)

Consent: It is not required to prove lack of consent on the part of the victim of human trafficking. 

Identification & Response Best Practices

For comprehensive information about identifying and responding to suspected human trafficking, see Human Trafficking: A Guide for Criminal Justice Professionals. 

Sample questions that may help you identify an individual who is being trafficked:

• Do you feel safe right now?
• What type of work do you do?
• Are you being paid?  Do you have access to that money?
• What would happen if you left your job?
• Can  you come and go as you please?
• Have you seen others threatened or harmed?  Have you or your family been threatened?
• What are you working and living conditions like?  Are there locks on the doors/windows at home or work that prevent you from leaving?
• Where do you sleep and eat?
• Is your identification or documentation kept by someone else?

Sample indicators:

• Any minor engaged in a commercial sex act
• Evidence of being controlled, not speaking on own behalf
• Bruises or other signs of physical abuse
• Fear or depression, unsure of whereabouts

Summary of Elements

See §948.051 for complete statute

Trafficking of a child is a Class C felony that involves any of the following ACTS: Whoever knowingly recruits, entices, provides, obtains, harbors, transports, patronizes, or solicits any child or attempts to do the same...

...for the PURPOSE of a commercial sex act:

Commercial sex act: sexual contact, sexual intercourse, sexually explicit performance and any other conduct done for the purpose of sexual gratification for which anything of value is give to, promised, or received, directly or indirectly, by any person.  §940.302(1)(a)

• A child is a person who has not attained the age of 18
• Force, fraud and coercion are not elements of trafficking a child
• Knowledge of the child's age is not required to prosecute and mistake regarding a child's age is not a defense.  See §939.23(6) AND 939.43(2)
• Trafficking a child for labor or services is prohibited under §940.302

• Patronizing or soliciting a child (or attempting to do so) for the purpose of a commercial sex act is trafficking of a child §948.051
• Whoever benefits in any manner from a violation of trafficking of a child is guilty of a Class C felony if the person knew that the benefits came from an act of trafficking of a child.
• Child sex trafficking is classified as child abuse for the purpose of county and state child protection intervention and services.  § 48.02 (1) (cm).  Therefore, law enforcement (as well as other mandatory reporters) are required to report suspected trafficking of a child violations to the local child welfare agency within 12 hours. The referral is required regardless of the suspected perpetrator's relationship to the child (caregiver vs. non-caregiver).  County CPS contact information is available online at https://dcf.wisconsin.gov/reportabuse
• Statute of limitations for trafficking of a child:  A prosecution of trafficking of a child may be commenced until the victim reaches the age of 45.
• Affirmative defense:  A victim of trafficking of a child has an affirmative defense for any crime he or she committed as a direct result of the trafficking without regard to whether anyone was prosecuted or convicted for trafficking.  See §939.46(1m)  

The goal is to establish whether abuse of a child MAY have occurred, without conducting a full interview of the child or tainting future interviews.
If it is necessary for the safety of the child, other children, or public safety, proceed with a minimal facts interview.

• Avoid extensively interviewing the child victim. If you can get a disclosure from another witness, such as a parent, teacher, or relative, to
  develop probable cause a crime was committed and/or to make immediate safety decisions, that is sufficient until a forensic interview occurs.
• Do not provide the child with any cues or language, or introduce any sexual terms or actions to the child (i.e., "penis," "vagina," "ejaculate") or
  demonstrate any movements, actions, or positioning.
• Allow the child to explain what happened in their own words. 
• Interview the child separately from other witnesses or parents.
• Use narrative-inviting prompts such as: "What happened?" "What happened next?" "Tell me all about that. "Help me understand."
• To assess jurisdiction, ask "Where did [act] happen?"
• Avoid yes/no questions or questions that suggest an answer.
• Keep in mind the child's age and demeanor may affect their communication ability.
• Do not make assumptions.
• Let the child describe with no interruptions or assistance using only the child's own words.

If available bring the child to a Child Advocacy Center (CAC) for a forensic interview.

Elder abuse generally involves an ongoing relationship with an expectation of trust that is violated when a person age 60 or older experiences:

• Physical, sexual, and/or emotional abuse
• Neglect, including withholding care/medication
• Financial exploitation (often co-occurs with other forms of abuse or neglect)
• Self-neglect

Perpetrated by:

• Spouses and intimate partners
• Adult children and other family members
• Caregivers
• Personal acquaintances
• Others in positions of trust and authority
• Opportunistic strangers

Environmental concerns:

• Strong odors of urine and/or feces
• Lack of food
• Lack of utilities (heat, water, etc.)
• Fire or other safety hazards
• Locks outdoors or locks in a room
• Damage to home caused by abusive behavior

Information provided by the National Clearinghouse on Abuse in Later Life and the Wisconsin Department of Health Services

Factors to consider when interviewing older individuals:

• Individual variables - age, race, ethnicity, education level, sexual orientation, socioeconomic status, etc.
• Communications barriers - may not be able to speak or read English, may not read or write, may be Deaf, may need assistive devices to communicate
• Avoid making assumptions based on age, race, ethnicity or sexual identity
• Respect cultural traditions as much as possible
• Recognize gender of officer may make a difference when talking to some victims and suspects
• Many older adults are in good health and do not have physical or cognitive disabilities that significantly impact their lives or a law enforcement investigation. That said, be aware of possible physical or cognitive limitations that may have an impact on your investigations

• Physical limitations - may need glasses, hearing aids, or other equipment to complete interview. May need assistance with getting to and from interviews (e.g. wheelchairs, walkers.) May need to eat, take medications, and/or rest.
• Cognitive limitations - victims may be discounted if their statements are not consistent, they appear confused, they have difficulty recalling events, they take longer to respond, or they have a diagnosed medical condition like dementia or other cognitive limitation
• Consider that there may be a better time of day to interview someone with dementia

Collaborate with Adult Protective Services to coordinate investigation efforts, provide services, and share resources.

• Explain why you are there and what will happen next.
• Build rapport with the older victim through questions about their interests.
• Allow time for older adult to answer.
• Describe the role of victim service providers and/or APS.
• End interview with suggestions to assist the older adult.
• Do not discount the abuse because the statements seem untrue or the result of delusions.
• Ask about food (ask to look in cupboards and the refrigerator to verify the person does have food) sleep, and medication.
• Determine the best time of day to conduct the interview.
• Establish the victim's routine without asking about the crime.
• Use focused open-ended questions with victims who may not provide information in a chronological order.
• Ask the older victim if she/he can draw or show you the object or what happened.
• Use memory cues such as "What were you doing before this happened?"

Older victims may be ambivalent about talking to law enforcement about abusers they love or who care for them. Work collaboratively with other agencies that can provide support, safety planning, emergency housing and other services  

Victims often:

• Have bruises, burns, lacerations, fractures, and other physical injuries
• Have repeated unexplained injuries or injuries that do not fit the explanation given for them
• Make frequent use of emergency room or hospital care
• Show unexplained or sudden changes in behavior
• Are anxious, trembling, agitated, or fearful
• Blame themselves for the situation or behavior of the abuser
• Are afraid to speak in the presence of the offender
• Are isolated
• Show signs of being confined or restrained
• Have infections, pain or bleeding in genital areas
• Have torn, stained, or bloody underclothing
• Have difficulty walking or sitting
• Are under or overmedicated
• Are left in urine and/or feces
• Have important possessions, documents, or credit cards missing
• Have unauthorized withdrawal of funds using ATM card
• Have unexplained changes in powers of attorney, will, or other legal documents
• Have signature forged on checks or other financial or legal documents
• Have bills unpaid despite adequate resources

Victims may fear:

• Being seriously injured or killed
• Being placed in a nursing home or a mental health facility
• Being without a caregiver at all
• Being under or over medicated
• Being without an interpreter
• Being “outed” as LGBTQI
• Being deported
• Getting their loved one in trouble or arrested

Collaborate with Adult Protective Services to coordinate investigation efforts, provide services, and share  resources.  

 Information provided by the National Clearinghouse on Abuse in Later Life and the Wisconsin Department of Health Services

Intellectual Disability is a disability characterized by significant limitations both in intellectual functioning (reasoning, learning, problem solving) and in adaptive behavior, which covers a range of everyday social and practical skills.

Approximately 3 out of 100 people have an Intellectual Disability. But people with Intellectual Disabilities represent a much higher percentage of crime victims because they are at greater risk for victimization than people without disabilities.

Bureau of Justice Statistics findings:

• People with Intellectual disabilities are sexually assaulted at seven times the rate of people without disabilities
• Higher rates of violence overall for women with disabilities
• Higher rates of violence committed against persons with intellectual disabilities than with other types of disabilities
• One in 5 violent crime victims with disabilities believed they were targeted due to their disability

2017 National Crime Victims’ Rights Week Resource Guide: Crime and Victimization Fact Sheets

There is often no way for first responders to know that a crime victim has an Intellectual Disability. People with the disabilities can vary widely in their capabilities and skills. If you suspect an Intellectual Disability, proceed by using plain simple language.  In doing this, you can ensure effective communication while still allowing them to understand and speak for themselves.

For Immediate Response, please contact your local sexual assault or domestic violence advocacy program.  For local disability response and resources for adults, contact your county's Adult Protective Services (APS) or for children, contact your county's Child Protective Services (CPS). Consult with the local Child Advocacy Center to determine if the victim is appropriate for a forensic interview.

For specialized, knowledgeable disability resources and victim services contact:

• Victim Advocacy Program of Disability Rights Wisconsin (DRW)  800-928-8778

Other Disability Resources:

• Disability Glossary of Terms:
•  Disability Categories

• Show the same respect to crime victims with Intellectual Disability that you show all victims.
• Introduce yourself first as a law enforcement officer, followed by your agency and name. People with Intellectual Disability have often been taught that law enforcement officers are their helpers and are people they can trust and who will keep them safe.
• Observe victims for any difficulty they have understanding you; listen to whether they speak with an impairment or have a limited vocabulary; and watch for any other difficulties in responding to simple requests.
• Build Rapport.  Take a few minutes to assure them that they are not in trouble, ask them some questions about their life, make small talk. This may help you learn more about their ability to communicate and understand you.
• Create a safe atmosphere, limit distractions. Be aware of your command presence.  An authoritative posture, tone, or position may be intimidating to the victim.
• Do not assume that victims are incapable of understanding or communicating with you.
• Do not assume victims are incompetent but be mindful of the issue of a victim’s competency to give or withhold consent to medical treatment and forensic exams.  Notification to a guardian or other service providers may be important; however, do not assume that someone has a guardian unless documentation is provided.  
• Ask the victim what day-to-day skills they do alone and what things a caregiver may assist with. 
• Have an advocate present for the victim. Treat adult victims as adults, not children.
• Recognize that victims may be eager to please or be easily influenced by you. They may say what they think you want to hear.  If you feel this may be happening, reframe the question and ask it again differently. Be careful not to ask leading questions.
• Simplify and separate complex information or questions into smaller parts and use gestures and other visual props to get your meaning across. Do not overload victims with too much information.
• Ask victims to recount memories of their senses at the time.  Descriptions of what they felt, saw, or heard can help corroborate their statements.  
• Recognize that victims may have their own words for body parts, actions, or other events.  Clarify the meaning of a word or phrase that may seem inconsistent or out of place.  Ask the victim to explain what they mean.  
• Have patience.  Wait for victims to respond to an instruction or question. If victims do not respond or reply inappropriately, calmly repeat yourself, using different words. Also, have victims state in their words what they understood you to say.
• Allow for more time. Interviews may take longer than typical interviews. 
• Ask the expert – the victim knows what they need to be comfortable, communicate, and understand.  Ask them first.  If you need additional assistance, ask the victim who they want you to talk with.
• Relax.  Realize that you are not alone when you respond to crime victims with an intellectual disabilities.  There are people in your community that can help you get the best interview possible.
• Refrain from including a person's IQ in your report or interview questions.  A person's IQ does not give a full picture of their life experience or an accurate portrayal of the person's functioning.  
• Do not include judgments or impressions of the victim in your reports. (i.e victim not credible, victim not reliable, victim won't make a good witness, etc.)

Portions Adapted From:  First Response to Victims of Crime Who Have a Disability, OVC; 2002

Safe at Home is Wisconsin's Address Confidentiality Program

• The Safe at Home assigned address is the LEGAL ADDRESS for participant's and must be accepted by law enforcement.
• If law enforcement makes contact with a Safe at Home participant FOR ANY REASON (they are a victim, witness, suspect, etc.), the law requires any documentation of the participant's address to reflect the Safe at Home assigned address only.
• Safe at Home participants may use the assigned address on their state-issued driver's license, but should also provide their Safe at Home Authorization card to verify that they are in the program.
• Under open records law, the right to inspect or copy information in a record DOES NOT APPLY to the actual address of a Safe at Home participant.  The actual address SHALL NOT be disclosed on any documents.  [§19.35(1)(am)2m]

Program Eligibility 

Must meet 4 eligibility criteria to enroll:

1. Resident of Wisconsin
2. That at least one of the following applies:
   1. A victim of an act or threat of abuse, a parent or guardian of a victim of an act or threat of abuse, or a resident of a household where a victim of an act or threat of abuse also resides.
   2. Fears for his or her physical safety or for the physical safety of his or her child or ward.
3. Resides at a location not known by the person who committed the abuse against, or who threatens, the applicant or his or her child or ward.
4. Will no disclose actual address to the person who committed the abuse against, or who threatens, the applicant or his or her child or ward.

Disclosure of an Actual Address

Safe at Home cannot disclose a program participant's actual address to any person except:

• Pursuant to a court order, or
• To a law enforcement officer for official purposes.  Disclosure to law enforcement is at the discretion of Safe at Home.

Criminal Penalty for Disclosure

A person who intentionally releases or discloses the actual address of a Safe at Home participant, once they are notified the person is in the program, is in violation of Wisconsin state statute. The intentional disclosure is a crime for which a person may be incarcerated or fined.

Safe at Home Contact Information:

Safe at Home, WI Department of Justice, PO Box 7035, Madison, WI  53707-7035  608-266-6613   safeathome@wisdoj.gov  

www.safeathomewi.gov 

Victim advocates can be a tremendous resource for victims.

They are available to:

• Assist a victim with safety planning
• Support a victim though a medical exam
• Support a victim through the restraining order process
• Support a victim through the criminal justice system
• Offer additional legal, medical, economic advocacy services
• Offer supportive counseling options

Whenever possible:

• Provide the victim the option of having an advocate present during the victim interview
• Provide the victim with information about the services offered through the local domestic abuse or sexual assault advocacy program, crisis response program, or Victim/Witness program.  

Victims have the right to be treated with dignity, respect, courtesy, sensitivity, and fairness.  You must obtain the victim’s permission before sharing any personal, sensitive, or identifying information with an advocate.

Domestic violence or sexual assault advocate-victim privilege:

See §905.045 for complete statute, including definition of abusive conduct

A victim who has been the subject of abusive conduct or who alleges that he or she has been the subject of abusive conduct has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communication made or information obtained or disseminated among the victim, a victim advocate who is acting in the scope of his or her duties as a victim advocate, and persons who are participating in providing counseling, assistance, or support services under the direction of a victim advocate, if the communication was made or the information was obtained or disseminated for the purpose of providing counseling, assistance, or support services to the victim.  A victim advocate is an individual who is an employee of or a volunteer for an organization the purpose of which is to provide counseling, assistance, or support services free of charge to a victim.

The Wisconsin Constitution (Article I. Section 9m) and Wis. Stat. Chapter 950 give special rights to victims of crime.  Some rights are automatic while others must be requested.  

Victims' rights that might apply at any time include, but are not limited to, the right:

• To be treated with dignity, respect, courtesy, sensitivity, and fairness.
• To privacy.
• To receive written information from law enforcement, within 24 hours of contact about rights, who to call for custody information regarding the offender and how to get more information about the case.
• To not have personal identifiers including email disclosed/used for a purpose unrelated to the official duties of an agency, employee or official.

• If a victim of an officer involved death, to receive information about the process by which he or she may do the following: file a complaint charging a person with a crime, if permitted by a judge; file a complaint under the John Doe investigation proceedings; and the process of an inquest.
• To reasonable protection from the accused throughout the criminal justice process.
• To a speedy disposition of the case.
• To information about the disposition of the case.

• To not be the subject of an officer's or district attorney's order, request, or suggestion that the victim submit to a test using a lie detector if the victim reports having been the victim of a sexual assault.
• To the expeditious return of property when it is no longer needed as evidence.
• Upon request, to timely notice of any release or escape of the accused or death of the accused if the accused is in custody or on supervision at the time of death.
• Upon request, to reasonable and timely information about the status of the investigation and the outcome of the case.
• To timely notice about all rights under this section and all other rights, privileges, or protections of the victim provided by law, including how such rights, privileges, or protections are enforced.

For a complete list of victims' rights and tools to help law enforcement comply with statutory victims' rights duties, view the law enforcement drop down.   A downloadable "Sample Victim Rights Notification Form," in English, Spanish, and Hmong can be found on the site. 

The Wisconsin Constitution defines Victim as any of the following:

1. A person against whom an act is committed that would constitute a crime if committed by a competent adult.
2. If the person under subd. 1. is deceased or is physically or emotionally unable to exercise his or her rights under this section, the person's spouse, parent or legal guardian, sibling, child, person who resided with the deceased at the time of death, or other lawful representative.
3. If the person under subd. 1. is a minor, the person's parent, legal guardian or custodian, or other lawful representative.
4. If the person under subd. 1. is adjudicated incompetent, the person's legal guardian or other lawful representative.

“ Victim” does not include the accused or a person who the court finds would not act in the best interests of a victim who is deceased, incompetent, a minor, or physically or emotionally unable to exercise his or her rights under this section.

Who may be eligible?

• An innocent victim who suffers physical injury or mental harm from a crime as identified by Chapter 949.
• A dependent or legal representative of an innocent victim who has been killed as a result of a crime.
• A person who is injured while aiding a crime victim or helping a police officer.
• A person who suffers a reaction from the death of a family member or household member.
• A person who is injured in an automobile accident caused by a drunk driver.

What compensation may be paid?

Four years of eligible expenses or $40,000 (whichever comes first) for verified expenses for any one injury or death, including:

• Medical, hospital, surgical, pharmacy, and mental health counseling expenses
• Lost wages
• Loss of support to a dependent of a crime victim who is killed
• Reasonable replacement costs of clothing or bedding held as evidence 
• Reasonable replacement value for property held as evidence and rendered unusable by crime lab testing
• Reasonable and necessary costs for securing and cleaning a crime scene
• Cost of homemaker services

Property loss or damage is not covered other than those items described above.

For additional information on requirements, eligibility, or any other questions regarding Crime Victim Compensation, please refer victims to the Office of Crime Victim Services at 1-800-446-6564.

The Crime Victim Compensation application is available online