It is a great tragedy that the most vulnerable people in society – children, the elderly and the disabled – often fall victim to the most heinous types of abuse in care settings.
In some cases, the abuse can be obvious, such as when there is physical assault that results in visible injuries. At other times, the abuse is much subtler and more difficult to detect, as is the case where there is grooming for intended sexual abuse, financial abuse or general neglect.
Regardless of the type of criminal conduct perpetrated against the disabled, the elderly or children, an even greater tragedy is that it can be extremely difficult to record convictions against the abusers.
Obstacles to conviction
One obstacle which arises in the care sector is that there is an apparent reluctance to report abuse or other criminal actions such as fraud or theft. In part, this may be due to the power imbalance between carer and client, a fear that the reporter may not be believed or taken seriously or, perhaps worse, because for one reason or another, the client may not actually realise that what has happened to them constitutes criminal conduct. Another potential reason for non-disclosure of criminal conduct may be because the client is legitimately concerned that they will lose access to a care worker who is providing them with much needed assistance and support, regardless of the criminal conduct they are also committing.
Many cases of elder abuse, disability abuse or child abuse are heavily reliant on the victim’s version of events and, if this is not provided, there is a significant dearth of information upon which a conviction can be secured.
A further hurdle is that forms of abuse or criminal conduct committed in the care setting are so abhorrent that employers or co-workers of those who are accused seldom wish to believe the allegations, especially when they involve sexual grooming or child abuse.
This may subconsciously cause employers or investigators to develop a bias against the complainant and, in the case of investigators, may mean that the inquiry is not conducted as thoroughly as possible. This in turn may mean that there is insufficient evidence to provide to a court in order to secure a conviction.
A lack of physical evidence
Perhaps most crucially, many types of criminal conduct in the disability and care context are difficult to secure convictions for because there is often very little physical evidence which can be presented before a court. It is incredibly difficult to obtain proof of somebody grooming a child, elderly or disabled person for intended sexual or other abuse. Similarly, even injuries such as might be sustained through physical abuse can often be apparently legitimately explained in the care context because of the vulnerable nature of the victims – children often hurt themselves in play or by being careless, while the elderly can be infirm and become easily injured in the ordinary course of events.
Safeguarding investigation services
The most powerful weapon against criminal conduct in care settings is to ensure that any investigation is undertaken objectively, skilfully and with consideration for what requirements the courts may need to secure a conviction.
At Wise, we are experienced in the complexities of conducting investigations into alleged criminal conduct, particularly in child protection settings. Contact us for more information.
Content retrieved from: http://www.wiseworkplace.com.au/_blog/WISE_Blog/post/criminal-conduct-and-the-likelihood-of-conviction-in-care/.
