The Role of Forensic Assessment/Investigation in the Protection of Incapable Adults, inPROCEEDINGS of the American Academy of Forensic Sciences 77th Annual Scientific Conference. February 17-22, 2025 Baltimore Convention Center #AAFS2025

The Role of Forensic Assessment/Investigation in the Protection of Incapable Adults Cristiano Barbieri, MD, PhD, University of Pavia, Pavia, Lombardia, Italy; Caterina Bosco, MD, PhD, University of Turin, Turin, Piemonte, Italy; Giancarlo Di Vella, MD, PhD*, University of Turin, Bari, Puglia, Italy; Ignazio Grattagliano, PsyD, University of Bari, Bari, Puglia, Italy Learning Objectives: After attending this presentation, attendees will better understand the controversy over mental manipulation and the investigation relating to the circumstance of incapacity and possible circumvention Impact Statement: This presentation will impact the forensic science community by showing that the process of persuasion takes place through the selection of the “most likely” subjects, who can engage in indoctrination in a psychological and relational context; thus it is necessary to validate a proper scientific methodology for evaluating possible vulnerable subjects. Abstract Text: In fact, it must be recognized that different degrees of incapacity may exist and may be due to a mental disability, a disease or, most frequently, victims of such crimes are people who conduct a normal, well-adapted existence, but who may be affected by some intrinsic fragility, traumas, unresolved problems that have not been processed, or a tendency for dependency or a highly suggestible personality, exposing the subjects to the risk of prejudicial consequences.1,2 We report the case of a widowed, secular man in his 70s, who suddenly discovered he is suffering from an infectious hepatitis and begins interferon therapy. Following this condition and treatment, he develops a progressively worsening depressive disorder (with “thoughts” about death and euthanasia) and, at the same time, he relies on two female catechists who belong to a theocratic religious movement. The women begin to take care of him in an apparent philanthropic manner but, as time passes, he converts and donates his entire life savings to the movement, prompting his relatives to be concerned about an impairment of his personal faculties. This act was motivated by the man as a recognition for the care and assistance received from those who had introduced him to “the true faith.” From this peculiar case we can deduce an empirical methodology, based on some fundamental areas of investigation: (1) the previous state of the subject (i.e., his entire biography, with particular attention to the clinical and pathological traits, but also to the values of his existential dimension); (2) the mental state of the subject at the moment of the legal act, focusing not only on his intellectual-cognitive functioning, but also on his affective-emotional state; (3) the characteristics of the relationship between the person who donates and whoever becomes the beneficiary, with specific reference to the type of investment; and (4) the consequences that this act, in concrete terms, produces for the subject himself. The context in which this case was examined and came under investigation is that of an expert report ordered by the Italian judicial authority. It is well known that some religious movements, presented as meaningful systems, offer shared beliefs, stories, and meanings to confer order to social reality; however, in some circumstances, it is not clear if mental manipulation led to indoctrination and donation.3,4 The process for clinical and forensic psychiatric evaluation followed the standards and method of rigorous forensic medical and psychological, forensic psychiatric investigation, which included examination of the victim’s personalities, examination of the offenders, and examination of the relational and affective context in which the criminal event took placeReferences: 1. Corbi G., Grattagliano I., Catanesi R., Ferrara N., Yorston G., Campobasso C.P. (2012). Elderly Residents at Risk for Being Victims or Offenders. Journal of the American Medical Directors Association, 13, 657-659, doi: 10.1016/j.jamda.2012.05.012. 2. Grattagliano, I., Tattoli, L., Bosco, C., Bellomo, A., Piccin inni, C., Di Vela G., et al. A para-religious setting for financial exploitation of the mentally incapacitated: when the habit doesn't make a monk. Clin Ter. 2021 Nov 22;172(6):511-516. 3. Grattagliano, I., Vitale, R., Ragusa, M., Vitale, A. & Catanesi, R. (2018). Abusing catholic priests: a review of the literature. Rassegna Italiana di Criminologia, 4, 275-288. 4. Grattagliano, I., Scardigno, R., Cassibba, R., & Mininni, G. (2015). The scandal of double abuse. Rassegna Italiana di Criminologia, 4, 269-275.