A Guide for Elders: Planning That Protects You and Your Assets, Chapter 9 WHAT IF I AM THE VICTIM OF A CRIME? WHO IS THE VICTIM OF A CRIME? A crime is defined as an act or an omission in violation of penal law, an offense against the state. A victim is defined as one who suffers from a destructive or injurious action that is legally prohibited. Victimization may include physical harm or damage or loss of property. WHAT SHOULD I DO IF I AM A VICTIM? In an emergency situation, call out for help. Dial 911 if a telephone is available. As soon as possible after the experience is over, or the wrongdoing is discovered, you should ask someone to help you to report the matter to the appropriate authorities, usually the police. The police may refer the matter for prosecution of the wrongdoer to the office of the District Attorney or the Attorney General. WHAT IF THE POLICE SAY THAT THEY CANNOT HELP? If you can identify the wrongdoer, and the police are unable to help, because “it’s a case of one person’s word against another’s,” you have a remedy. You can ask the local District Court clerk’s office to issue a criminal complaint against the wrongdoer. At your request, the clerk’s office will invite the other party to a conference, called a “show cause” hearing at which you and any other witnesses, or your representative, may present evidence to demonstrate that the accused did what you say he or she did. The accused, of course, can defend against your allegations, and the clerk decides whether you have shown cause for a complaint to be issued. If the clerk does permit you to sign a complaint, the accused will be arraigned by the Court and charged with the relevant crime. As the victim, you can get help from the Victim Witness Program at the courthouse. The matter will then go to trial, unless the accused pleads guilty and eliminates the need to have the prosecution proves its case through a full-blown trial. WHAT IF THE WRONGDOER LIVES WITH ME? The law recognizes that the problem of domestic abuse, that is, physical or emotional abuse by members of one’s own household, is a problem more widespread than most people imagine. Massachusetts General Laws Chapter 209A, the Domestic Violence Prevention Act, protects victims of abuse, of all ages, from ongoing abuse by other household members. A victim may file a complaint and an affidavit, alleging the abuse and the reasonable grounds for concern that the abuse will recur. The Court may enter any protective orders deemed appropriate, including an order that the wrongdoer leave the home. In an emergency, the Court can order the wrongdoer to leave the home even before there is an opportunity for the accused person to defend against the charge of abuse. In such circumstances, the accused has the right to a hearing within 10 days in order to show why the Court’s order should be revoked. WHAT IF SOMEONE STEALS MONEY OR PROPERTY FROM ME IN A VIOLENT CRIME? If you are the victim of a violent crime, and lose money or property as a result of the incident, you may be able to obtain compensation for the out-of-pocket losses that you sustained. You may file a claim form as the victim of a violent crime at the District Court. If you have lost money or property as a result of a nonviolent crime, as in a case of larceny or fraud, you must follow the steps already outlined to bring the wrongdoer to justice. Remember that a wrongdoer who is convicted of a crime may be ordered to make restitution to the victim. The wrongdoer may also be sued in civil court even if the wrongdoer is not prosecuted for the crime. WHERE CAN I GET HELP?  You may obtain assistance from any of the following: • Your local police • The Executive Office of Elder Affairs’ “Elder at Risk” Program Hot Line: Telephone 1 (800) 922-2275 • The Attorney General’s Office: Telephone 1 (888) 243-5337; in Western Massachusetts: (413) 784-1240. • The Department of Public Health (if you are a nursing home resident): 1 (800) 462-5540.  Back to start of Chapter 9 Back to Table of Contents of A Guide for Elders On to Chapter 10