79 A.3d 876
Vt.2013Background
- Smith, a nineteen-year-old with developmental disabilities, was found to be a vulnerable adult under 33 V.S.A. § 6933(a).
- Wright allegedly engaged in unwanted sexual contact with Smith beginning when she was seventeen.
- Guardianship proceedings granted the parents broad authority over Smith’s care and residence.
- Plaintiff filed an RFA seeking protective relief; a two-year no-contact order was issued after a full hearing.
- The trial court concluded Smith was a vulnerable adult and Wright abused and exploited her; the final RFA order was affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Smith a vulnerable adult under statute? | Smith’s disability impaired her ability to protect herself. | No sufficient link between disability and protective need. | Yes; the court’s findings support vulnerable-adult status. |
| Did Wright abuse or exploit Smith? | Wright engaged in inappropriate sexual conduct exploiting Smith’s impairment. | He denied any sexual contact and contesting credibility. | Yes; findings support both abuse and exploitation. |
| Were the credibility findings adequate? | Trial court spoke to credibility of Smith’s testimony occurring against parents’ wishes. | Credibility needed more explicit findings. | Credibility determinations within trial court’s province; adequate for affirmance. |
| Was exploitation proven by a preponderance of the evidence? | Evidence showed Wright exploited Smith’s vulnerabilities for sexual gratification. | Credibility issues tainted plaintiff’s testimony. | Yes; record supports exploitation finding. |
Key Cases Cited
- Farr v. Searles, 180 Vt. 642 (2006 VT 110) (RFA proceedings not require extensive findings; protects vulnerable adults)
- Raynes v. Rogers, 183 Vt. 513 (2008 VT 52) (RFA orders protect victims and consider credibility determinations by family court)
- Siegel v. Misch, 182 Vt. 623 (2007 VT 116) (Credibility determinations are the factfinder’s province)
- Omega Optical, Inc. v. Chroma Tech. Corp., 174 Vt. 10 (2002 VT 10) (Credibility is for the trier of fact; appeals defer to trial court’s credibility assessments)
- Bull v. Pinkham Eng’g Assocs., 170 Vt. 450 (2000 VT 10) (Contentions not raised at trial are not preserved on appeal)
- Lay v. Pettengill, 2011 VT 127 (2011 VT 127) (Preservation of challenge to favorable termination element in mal-prosecution context)