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New testifying rules in elderly abuse cases
Georgia lawmakers are proud of a new law that will make it easier for prosecutors to go after people who abuse elderly and incapacitated adults. It allows someone to testify on behalf of the abused if they are unable to testify in court themselves.
Gov. Brian Kemp has signed a new law that will help prosecutors crack down on people who harm the elderly or those who can't take care of themselves. The law is called HB 218.
The new law allows a "surrogate" to speak in court on behalf of the person who has been hurt if that person is unable to speak for themselves. Georgia has become the first state in the country to allow someone to stand in court on behalf of mentally incapacitated adults over the age of 17, provided the victim previously reported the abuse to them.
"This is just another tool that our prosecutors now have to go after the bad guys who are trying to abuse our state's most vulnerable people," said Rep. Scott Hilton. "There was one in Cobb where a school bus driver slapped in the face, a child with Down's syndrome. He then told a forensic interviewer, and that interview was not allowed or was not admissible into court."
"It's very significant. So somebody doesn't get to walk away scot-free," said Joe Gavalis, the law enforcement coordinator for the North Georgia Elder Abuse Task Force.
He said the law would have been especially helpful in a recent case in which a 91-year-old woman was interviewed by police after experiencing a case of alleged sexual abuse at the facility she was living in.
"And in two weeks, God bless her, she passed away," Gavalis said. "Well, that case goes nowhere under the old law. Now, there is a good possibility, using this law, that cases like this can be brought forward and have the investigator who took the record, who did the interview, can be put on the stand and be cross-examined."
Rep. Sharon Cooper expressed hope that this new law would convey a powerful warning that Georgia is determined to protect its elderly population and will harshly penalize those who exploit vulnerable individuals.
"It's very important that we make people in Georgia realize that you cannot take advantage of our elderly if you do. We're going to go after you and the punishment is going to be severe," she said.
Now that HB 218 is a real law, Gavalis says Georgia leaders are going to spread the word all over the state.