Unit 1 - Florida Council Against Sexual Violence

genitals, genital area, or buttocks, or the clothing
covering them, of an elderly person or disabled
person when the person knows or reasonably should
know that the elderly person or disabled person
either lacks the capacity to consent or fails to give
consent.
Ask for examples of lewd and lascivious battery and
molestation.
Show Slide, Chapter 825.101--definitions
Slide:
Elderly person
definition
Speaking Points:
• Another definition found in Chapter 825 is one
defining “elderly person”
• Elderly person" means a person 60 years of age or
older who is suffering from the infirmities of aging
as manifested by advanced age or organic brain
damage, or other physical, mental, or emotional
dysfunctioning, to the extent that the ability of the
person to provide adequately for the person's own
care or protection is impaired.”
REFER TO PARTICIPANT
GUIDE, PAGE 4:
FLORIDA STATUTES,
CHAPTER 415
Refer participants to Participant Guide, page 4, Florida
Statutes, Chapter 415.
Speaking Points:
• Chapter 415 also specifically addresses sexual abuse
of the elderly, along with other types of abuse,
neglect, and exploitation.
• The statute is the Adult Protective Services Act and
refers to disabled and certain elderly adults as
“vulnerable” adults.
• This is similar to the definition of an elderly person in
Chapter 825, defined as being 60 years of age or older
and experiencing the infirmities of aging.
• Adult Protective Service workers are given the
authority and training to determine whether an
older person is experiencing the “infirmities of
FCASV Elder Sexual Abuse Trainer’s Guide 8
Unit 1