No full-text available
To read the full-text of this research,
you can request a copy directly from the authors.
Making a Statement: An exploratory study of barriers facing women with an intellectual disability when making a statement about sexual assault to police
Abstract
Many women with intellectual disability become the victims of sexual assault. Despite this, anecdotal evidence suggests that few cases are prosecuted. This qualitative study looks at the barriers that arise at the crucial first step toward the prosecution of a complaint - making a statement to the police. In this study, sexual assault workers and members of the New South Wales police service in the greater Sydney area, Australia, were interviewed to identify the barriers that arise when women with intellectual disability decide to make a statement to police following sexual assault. The study's findings demonstrate a need for greater awareness within the police service of police policies and procedures, and legislation, as well as greater co-operation between the police service and other organisations, which have an impact on the lives of women with intellectual disability.
... Elsewhere, many studies have reported on the barriers faced by persons with disabilities in their efforts to access justice. For example, with regard to availability, Keilty and Connelly (2001), Malunga et al. (2017), and Ortoleva (2011) reported that, although there are laws safeguarding the rights of persons with disabilities, officials working in various judicial and legal outfits are unaware of these laws. The ignorance of officials about disability policies affects their ability to provide useful assistance to persons with disabilities. ...
... Second, in relation to accessibility, it has been found that justice systems do not have specialized services to cater for persons with disabilities (Keilty & Connelly, 2001;King & Murphy, 2014;Miller, 2001;Mortt, 2017). In most cases, officials are unable to communicate with persons with disabilities (Ortoleva, 2011), despite the advent of assistive technologies to facilitate communication (Larson, 2014). ...
... Third, regarding acceptability, it has been found that persons with disabilities are subjected to name calling and verbal abuse and are poorly received by staff at various institutions (Keilty & Connelly, 2001;King & Murphy, 2014;Mortt, 2017). Interestingly, some officials perceive persons with disabilities as being unable to recall or organize their thoughts due to low IQ and, thus, do not launch full-scale investigations into issues of assault or other forms of injustice (Benedet & Grant, 2012;Carmody, 1991). ...
Despite the immense exploitation, violence, abuse, prejudice, and neglect experienced by persons with disabilities, little is known about the accessibility of the criminal justice system to them in sub-Saharan African contexts. We adapted the availability, accessibility, acceptability, and quality of Services model (AAAQ model) of the UN Office of the High Commissioner for Human Rights (OHCHR) to explore the participation of persons with disabilities in the criminal justice system. We used a semistructured interview guide to collect data from a sample of 20 participants: 10 with disabilities and 10 key informants. Based on all the levels of indicators (of the AAAQ model), we found that the criminal justice system was unfriendly toward persons with disabilities due to factors such as lack of funds, inaccessible physical environments, language and communication barriers, and negative attitudes toward persons with disabilities. We also discuss the need for governments to demonstrate commitment toward providing public legal institutions with adaptable facilities as well as to recruiting qualified persons who are knowledgeable about disability issues.
... This final theme was investigated in nine studies. These studies suggest that criminal justice personnel may hold stereotypical and inaccurate beliefs about people with cognitive disabilities (Keilty & Connelly, 2001), leading criminal justice personnel to disbelieve these survivors (Goodfellow & Camilleri, 2003). A lack of disability awareness training in the CJS was also noted in several studies Goodfellow & Camilleri, 2003;Keilty & Connelly, 2001;Smele et al., 2019). ...
... These studies suggest that criminal justice personnel may hold stereotypical and inaccurate beliefs about people with cognitive disabilities (Keilty & Connelly, 2001), leading criminal justice personnel to disbelieve these survivors (Goodfellow & Camilleri, 2003). A lack of disability awareness training in the CJS was also noted in several studies Goodfellow & Camilleri, 2003;Keilty & Connelly, 2001;Smele et al., 2019). These studies also suggest that the ability of criminal justice personnel to respond to survivors adequately may be further hampered by a lack of clear policies on conducting investigations of sexual crimes committed against people with learning disabilities (Bailey & Barr, 2000). ...
... For example, police investigators interviewed by Smele et al. (2019) reported that there was not a standardized method in place to determine if a survivor has a developmental disability. Even when guidelines are in place, police officers are not always compliant with existing guidelines, and support during police interviews is minimal and inconsistent (Keilty & Connelly, 2001;Lievore, 2005;Smele et al., 2019). Finally, a Norwegian study indicated that survivors with physical or intellectual disabilities may receive lower quality investigations compared to survivors without 'vulnerability factors' (Vik, Rasmussen, Schei, & Hagemann, 2020). ...
Background: Despite knowledge about the extensive and often long-lasting consequences of sexual assault, many survivors remain underserved by formal support systems (e.g. medical, mental health and criminal justice systems). Reasons for underutilizing services are as diverse as the survivors themselves, and little is known about which survivors are most underserved and why they are underserved.
Objective: To help organize existing findings on this topic, a systematic scoping review was conducted to identify adult survivors of sexual assault, who may be particularly underserved when attempting to obtain services in Western countries.
Method: Five databases (PsycINFO, Embase, MEDLINE, Scopus and CINAHL) were systematically searched for studies published in English from 2000 onwards using terms such as ‘sexual assault’, ‘help seeking’, ‘formal support’, ‘barriers’ and variations thereof.
Results: A total of 41 studies were included in the present scoping review, resulting in seven main categories of underserved survivors: Ethnic and cultural minorities, Disabilities, Financial vulnerability, Sexual and gender minorities, Mental health conditions, Problematic substance use, and Older age. Barriers encountered by survivors with these characteristics included limited access to formal supports and insufficient training and awareness among service providers about how to best support survivors.
Conclusions: Recommendations include the need for more survivor-centred, culturally appropriate and trauma-informed services and more attention to survivors belonging to underserved groups in policy, practice and research.
... In a study of accused persons, for example, carried out between 1991 and 1992 on behalf of the Royal Commission on Criminal Justice, it was found that members of the police service in the United Kingdom had identified just 4% of a sample of suspects as vulnerable whereas an independent estimate of the same group put this figure at the higher rate of between 15% and 20% (Gudjonsson, Clare, Rutter, & Pearse, 1993). Recent international research confirms that this diagnostic problem is a global phenomenon and that police forces across the common law world routinely struggle to accurately identify "vulnerable" people (Edwards, Harold, & Kilcommins, 2012;Howard & Tyrer, 1998;Keilty & Connelly, 2001;McLeod, Philpin, Sweeting, Joyce, & Evans, 2010) such as those with mental illness, intellectual disabilities and other disabilities. This misidentification culture is compounded by the fact that police custody screening tools, where in use, often focus exclusively on characteristics associated with acute mental illness rather than ID (Noga, Walsh, Shaw, & Senior, 2015). ...
... While this systematic review focusses on people with ID who are accused persons or suspects, the themes elicited are also potentially relevant to the experiences of people with ID who are the victims of crime (Kilcommins and Donnelly, 2014;Cusack, 2017;Edwards et al., 2012;Keilty & Connelly, 2001) or those who encounter LEOs as witnesses to a crime (Edwards et al., 2012;Gudjonsson, Murphy, & Clare, 2000;Keilty & Connelly, 2001). Such individuals face barriers in relation to accessibility, communication, attitudes and practical matters that are similar to those faced by people with ID who are accused persons or suspects (Spaan & Kaal, 2019). ...
... While this systematic review focusses on people with ID who are accused persons or suspects, the themes elicited are also potentially relevant to the experiences of people with ID who are the victims of crime (Kilcommins and Donnelly, 2014;Cusack, 2017;Edwards et al., 2012;Keilty & Connelly, 2001) or those who encounter LEOs as witnesses to a crime (Edwards et al., 2012;Gudjonsson, Murphy, & Clare, 2000;Keilty & Connelly, 2001). Such individuals face barriers in relation to accessibility, communication, attitudes and practical matters that are similar to those faced by people with ID who are accused persons or suspects (Spaan & Kaal, 2019). ...
There is a high prevalence of people with intellectual disability (ID) among those in police custody. Consequently, law enforcement officers (LEOs) at the frontline of the criminal justice system are commonly required to interact with people who have ID. Notwithstanding the frequency of these interactions, research indicates that police exchanges with persons with ID frequently take place against a backdrop of tenuously-resourced disability awareness training. At the time of writing, a paucity of research data exists with respect to the experiences of LEOs operating within this training vacuum at an international level. A better understanding of their experiences could meaningfully inform research, training and improve support programmes for LEO's. We systematically reviewed six databases to identify studies published up to 1st December 2019 reporting the experience of LEOs interfacing with suspects who have an ID. Following a review of 670 abstracts, 16 studies were identified from five countries involving 983 LEOs. LEOs identified 1) a need for specialised training; 2) challenges in identifying people with ID; 3) a need to improve safeguards and 4) challenges in supporting/communicating with individuals who have ID through the investigation process.
... There are very few studies specifically exploring the reporting experiences of people with intellectual disability or their family members or service providers supporting people with disability in their day to day lives. The few Australian studies mostly represent the reporting and violence-response situation in New South Wales and Victoria (Baldry et al., 2013;Baldry, 2014;Keilty and Connelly, 2001;Murray and Heenan, 2012;Victorian Law Reform Commission, 2004). ...
... In the general public evidence suggests that overall many do not report sexual violence to the police even when this would allow the opportunity to access services valuable for resources and support for recovery of wellbeing (Astbury, 2006). However, there is an additional set of barriers specific to people with disabilities which needs to be brought to the fore Keilty and Connelly, 2001;Lievore, 2005;Murray and Heenan, 2012;Murray and Powell, 2008). One such barrier is indicated in a review of research done in Australia and internationally in the UK and the USA, highlighting prevalent beliefs and perceptions influencing the way police and sexual assault service providers operate (Keilty and Connelly, 2001). ...
... However, there is an additional set of barriers specific to people with disabilities which needs to be brought to the fore Keilty and Connelly, 2001;Lievore, 2005;Murray and Heenan, 2012;Murray and Powell, 2008). One such barrier is indicated in a review of research done in Australia and internationally in the UK and the USA, highlighting prevalent beliefs and perceptions influencing the way police and sexual assault service providers operate (Keilty and Connelly, 2001). ...
This paper reports on a small study exploring the views of service providers, both within disability service sectors and in mainstream violence response sectors, about ways of effectively supporting people with intellectual disability who may be experiencing abuse and violence.
Semi structured interviews were conducted with seven professionals from metropolitan Adelaide who work with people with disability and analysed both thematically and in more depth from a socio-ecological perspective.
Participants highlighted 4 key factors facilitating or hindering professionals working with individuals: 1) connecting clients with services and establishing a rapport; 2) Access to information about histories of trauma; 3) Policy context; 4) client understanding of what happens “next” after disclosure of harm.
Overall the study indicates a strong need for the development of resources, information and tools designed to a) educate and enhance the understanding of professionals supporting people with ID, and b) to better facilitate learning and understanding for people with ID regarding what happens “after” disclosure of sexual violence or other experiences of harm.
... Communicating or disclosing sexual exploitation or sexual assault can be extremely difficult for youth with severe ID. Youth with less severe limitations may not disclose due to threats against them or their loved ones by the trafficker or abuser (Keilty and Connelly 2001;Reid 2016;Wissink et al. 2015). Unfortunately, even when reporting sexual victimization or CSE, girls or boys with ID may not be viewed as credible due to having a disability (DOS 2012;Keilty and Connelly 2001;Wissink et al. 2015). ...
... Youth with less severe limitations may not disclose due to threats against them or their loved ones by the trafficker or abuser (Keilty and Connelly 2001;Reid 2016;Wissink et al. 2015). Unfortunately, even when reporting sexual victimization or CSE, girls or boys with ID may not be viewed as credible due to having a disability (DOS 2012;Keilty and Connelly 2001;Wissink et al. 2015). ...
... safety skills needed to protect oneself from sexual exploitation (DOS 2012;Groce 2004;Gust, Wang, Grot, Ransom, and Levine 2003;Wissink et al. 2015). Due to lack of understanding of sexual relationships, girls or boys with ID are unfamiliar with sexual behaviors and may be confused about which behaviors are legal or illegal, and ultimately fail to realize that they have a right to say no to sexual advances and exploitation (Keilty and Connelly 2001;Wissink et al. 2015). The perception that youth with ID are not sexually active also elevates their susceptibility to CSE because they may be targeted by sex traffickers pursuing greater profits from selling sex with a virgin (Groce 2004;Phasha and Myaka 2014;Reid, Huard, and Haskell 2015). ...
Emerging evidence exposes a heightened risk for victimization in commercial sexual exploitation (CSE) currently impacting individuals with intellectual disabilities (ID). The chapter examines the most common presentation of trauma symptoms among individuals with ID as well as the treatment options for clinicians working with CSE survivors with ID. A review of prior clinical research indicates that the treatment of sexually exploited girls with ID frequently focuses on emotion regulation and challenging behaviors, especially self-injurious and aggressive behaviors. Adapted versions of empirically-supported therapy modalities, such as Cognitive Behavioral Therapy (CBT), Dialectical Behavioral Therapy (DBT), and Eye movement desensitization and reprocessing (EMDR), are most commonly recommended for treating trauma symptoms in those with ID. Two case studies demonstrate the use of Trauma-Focused CBT and EMDR with girls with ID who have experienced CSE. Further research is needed on the efficacy of specific treatment modalities with individuals with ID who have experienced CSE.
... Previous studies show that overall, victims with ID face multiple barriers within the justice system, both attitudinal and procedural, which can influence their cases throughout the system (e.g. Cederborg & Lamb, 2006;Keilty & Connelly, 2001;Nettelbeck & Wilson, 2002;Williams, 1993) and are likely to influence their risk of secondary victimization. Practical obstacles can be the result of e.g. ...
... Research has shown that attitudes and biases toward people with ID, e.g. related to viewing them as promiscuous, criminal or untrustworthy, are also present within the justice system (Bailey, Barr, & Bunting, 2001;Brennan & Brennan, 1994;Keilty & Connelly, 2001). This can create reluctance among some police to take reported matters seriously, or lead to assumptions about exaggeration or fabrication of reports (Keilty & Connelly, 2001). ...
... related to viewing them as promiscuous, criminal or untrustworthy, are also present within the justice system (Bailey, Barr, & Bunting, 2001;Brennan & Brennan, 1994;Keilty & Connelly, 2001). This can create reluctance among some police to take reported matters seriously, or lead to assumptions about exaggeration or fabrication of reports (Keilty & Connelly, 2001). Not all studies found equally negative effects: McAfee, Cockram, and Wolfe (2001) for example found a favourable disposition of police towards victims with ID with respondents indicating that they would be more supportive, or take stronger action toward the alleged assailant, while Bottoms, Nysse-Carris, Harris, and Tyda (2003) found a difference in case judgements in favour of an adolescent female victim of sexual assault described as "mildly mentally retarded". ...
People with mild intellectual disabilities are more vulnerable to become victims of crime. Victims with intellectual disabilities can face attitudinal, procedural and practical barriers within the justice system. This exploratory study looked at obstacles encountered by victims of crime with mild intellectual disabilities in effectuating their rights, their vulnerability to secondary victimization and ways to support them. In 2014, 35 respondents from across the Dutch justice system and 10 respondents with mild intellectual disabilities-expertise were interviewed. Inductive and deductive content analysis was carried out. Resonance of findings was checked in an expert meeting.
Findings
Three major problems were identified: (1) victims’ incomprehension about the process and the proceedings; (2) victims’ difficulty meeting system requirements and expectations; and (3) impact of prejudices concerning mild intellectual disabilities. A system adequately set up to deal with victims with mild intellectual disabilities could ease these difficulties. However, additional problems were identified, namely: (1) limited recognition of mild intellectual disabilities; (2) insufficient knowledge and understanding of consequences of mild intellectual disabilities; (3) issues related to accessing and accepting support; (4) communication unsuited for victims’ reading and comprehension-level. These problems influence the ability of victims with mild intellectual disabilities to effectuate their rights and increases risk of secondary victimization.
Applications
Besides the importance of these findings for policymakers, results are of importance for all those working with victims or with people with mild intellectual disabilities. Individually tailored forms of support are required to overcome the identified problems. Awareness of the barriers that victims with mild intellectual disabilities may encounter will aid providing adequate support for victims with mild intellectual disabilities to exercise their rights and protect against secondary victimization.
... The few who do have the courage to report to police have been shown to experience low levels of satisfaction with criminal justice responses, particularly in cases where the offender was known to the victim (Mouzos & Makkai 2004;Laximinarayan, 2013). criminal justice systems (Curry, Renker, et al, 2011;French 2007;Goodfellow & Cammileri, 2003;Keilty & Connelly, 2001;Oschwald, Curry, et al 2011). ...
... Australian and international studies have explored attitudes of professionals and how these impact on interactions between individuals, police and other personnel within the criminal justice system (e.g. French, 2009;French et al, 2010;Goodfellow & Cammilerri, 2003;Keilty & Connelly, 2001;Victoria Law Reform Commission, 2004). ...
... A notable absence from this collaborative framework on preventing and responding to violence is disability services; particularly given the high rates of violence within the disability community. Much of the previous research identified the perspectives of people with a diverse range of disability (Curry, Renker, Robinson-Whelan & Swank, et al 2011) and police (Petersillia, 2001;Keilty & Connelly, 2001). Few studies explore perspectives of people with intellectual disability or disability or mainstream service providers who may be supporting such people. ...
Evidence from Australia and worldwide has highlighted the ongoing marginalisation, discrimination, abuse, violence and neglect of people with disability. One of the main areas of concern is that despite such evidence there remain fundamental barriers for people with disability to report violence and/or access supports. Significantly few studies have canvased the perspectives of people with intellectual disability (ID), family members or disability service providers. Accordingly as a first step, the purpose of this paper is to explore the perceptions of disability and violence-response professionals regarding the barriers and facilitators of effective support for people with ID reporting sexual violence and accessing mainstream supports.
A qualitative research design informed the basis of this study.
Semi-structured interviews were conducted with seven participants who held roles within disability services and mainstream violence response. Interviews were recorded and transcribed. These transcripts were then analysed individually using a combination of thematic analysis and discourse analysis to bring to light the
social and material structures within service systems in terms of how they disempower or empower supports for people with ID.
Participants from both services reported that professionals (particularly those outside the disability sector) lacked awareness of practical ways in which they could support people with ID to report and
access services outside of disability-specific services. Participants also felt the capacity for people with ID to have a voice about what happens in the aftermath of reporting sexual violence was rarely acknowledged.
Participants called for education and development of resources which could guide professional practice across disability and wider violence-response services. Participants saw investment in building interagency relationships across sectors as key to supporting the citizenship of people with ID. This paper suggests that there is a strong need for better community engagement and understanding of the multi-faceted issues surrounding responses to violence concerning people with ID. The findings of this study also outline implications for practice and policy which may be of interest to
professionals both within disability and wider violence-response sectors in Australia and internationally.
... There is also considerable concern, and evidence in the literature, that the rate of victimisation in PWID is at best an underestimation of the true prevalence rate, due to underreporting (Sobsey, 1994;Sobsey & Doe, 1991;Goodfellow & Camilleri, 2003). This phenomenon is beyond the underreporting present in the general population (Fohring, 2015;Keilty & Connelly, 2001), particularly common to victims of sexual assault (Fitzgerald, 2006;Kelly, Lovett & Regan, 2005;Kelly and Lovett, 2006;Lievore, 2003) and family violence (Grech & Burgess, 2011). It seems many cases, while they may be reported at an administrative level, and hence recorded in self-report or case review studies conducted outside of the justice system, are not brought to the attention of the CJS at all (Joyce, 2003). ...
... This definition maintains the focus necessary to gain a true picture of the prevalence of victimisation in PWID, necessary to inform police and protective service practice for this group. Nevertheless, it must be acknowledged that this will result in an underestimation of true prevalence rates of victimisation, as not all offences will be reported to police (Keilty & Connelly, 2001;Kelly, Lovett & Regan, 2005 Where the available research does use a defined ID sample, it tends to report on victims with an IQ in the Mild/Moderate range. This is presumably due to ease of access to this group through services, such as educational and employment services, which they may be more likely to access than individuals with Profound or Severe ID. ...
... It is clear from examining the victimisation research that PWID in the Severe range are underrepresented in measures of prevalence. This is believed to be a consequence of the inherent difficulty for this group in the recognition and reporting of an incident of victimisation (Bryen, Carey & Frantz, 2003;Keilty &Connelly, 2001), and is supported by the almost complete absence of research on those in the Profound ID range (see Elvik et al., 1990, for a notable exception). Where victimisation in this range is discussed, the difficulties in corroborating any incident are almost impossible due to the functional limitations of the victims. ...
There is considerable evidence that people with intellectual disability (PWID) are at an increased risk of offending and are overrepresented in correctional settings. There is also widespread concern, despite the lack of a robust evidence base, that PWID are more likely to be victims of crime, and that victimisation of PWID is underreported. To date, much of the extant research has employed methodologies that are unable to quantify the risk of both offending and victimisation for PWID compared to the community, and/or use samples inclusive of the Borderline range of intellectual disability (ID). In order to address these concerns, epidemiological research is required, using a population-based, well-defined sample of PWID, and measures of offending and victimisation derived from official criminal records. This research study utilised a large sample of PWID (n=2220) from a database held by the Department of Human Services in Victoria, Australia, and matched these with contact-based records from Victoria Police and the Department of Health to quantify the risk for offending and victimisation, and consider any impact of dual disability on this risk. Data was then compared to a community sample derived from the Australian Electoral Commission (AEC), to determine the differences in risk between PWID and the general population. Results indicated increased risk for offending in PWID when compared to the community sample, particularly for violent and sexual offence types. Results also showed that PWID were less likely to have been a victim of crime overall, but their risk for being a victim of violent or sexual offences was far greater than people without an ID. Dual disability increased risk for offending and victimisation over and above ID; however the nature of this relationship remains complex. This suggests a lack of specialised services necessary to support and protect these individuals. Providing training to employees in justice, health and disability services to identify and treat the mental health issues of PWID may go a long way to redressing the balance.
... Most notably, the limited functionality common with ID heightens vulnerability to sexual victimization due to the victims' lack of understanding of what is happening during sexual abuse, assault, or exploitation (Wissink et al., 2015). In addition, lack of understanding of sex results in unfamiliarity with sexual behavior, confusion over which behaviors are legal or illegal, and, ultimately, failure to realize their right to say no (Keilty & Connelly, 2001;Wissink et al., 2015). Some youth with severe ID may be unable to communicate or disclose an assault to a trustworthy person. ...
... Some youth with severe ID may be unable to communicate or disclose an assault to a trustworthy person. Others with less severe limitations may not disclose due to fear of harm because of threats against them or their loved ones by the abuser (Keilty & Connelly, 2001;Wissink et al., 2015). Last, when reporting sexual victimization or sexual exploitation, persons with ID are often marginalized and disparaged by the police-they may not be viewed as credible due to having a disability (DOS, 2012;Keilty & Connelly, 2001;Wissink et al., 2015). ...
... Others with less severe limitations may not disclose due to fear of harm because of threats against them or their loved ones by the abuser (Keilty & Connelly, 2001;Wissink et al., 2015). Last, when reporting sexual victimization or sexual exploitation, persons with ID are often marginalized and disparaged by the police-they may not be viewed as credible due to having a disability (DOS, 2012;Keilty & Connelly, 2001;Wissink et al., 2015). ...
Few researchers have examined sex trafficking of girls with intellectual disabilities (IDs). Drawing from 54 juvenile sex trafficking (JST) cases, this exploratory, mixed methods study compared 15 JST cases involving girls with ID with 39 JST cases involving girls without ID. Findings revealed a disproportionate risk for exploitation in JST for girls with ID, endangering circumstances creating vulnerability among this population, as well as the perpetrator–victim dynamics that complicate prevention and intervention. Complicating dynamics included victim lack of awareness of exploitation and its endangerments, inability of victims to self-identify, and the relative ease with which traffickers manipulated these girls. The disproportionate risk faced by girls with ID substantiates the need for enhanced safeguards to prevent sexual exploitation of girls with ID including stiffer penalties for those who exploit and buy sex with youth with disabilities.
... Members of An Garda S ıoch ana, it should be noted, are not alone in this regard, and international research suggests that law enforcement officials across the common law world routinely struggle to accurately identify vulnerable persons Burton et al., 2006). This absence of a general cultural awareness amongst law enforcement officials of the cognitive traits and behavioural characteristics of intellectual disability has been attributed to ableist police and legal training regimes, which are predicated almost entirely on mainstream accounts of witnesses (Burton et al., 2006;Keilty and Connelly, 2001). As a result, law enforcement officials have been found to use a variety of informal methods to help to identify someone with an intellectual disability, including facial characteristics and comprehension, as well as behaviour in custody (Douglas and Cuskelly, 2012). ...
... In the absence of such awareness, there persists not simply a risk that members of An Garda S ıoch ana will fail to pursue forensic techniques designed to secure best evidence in their investigative inquiries, but rather a wider risk that they will presumptively dismiss claims involving individuals with intellectual disabilities on the grounds that they are unreliable. This discovery aligns with extant research at both a national level (Bartlett and Mears, 2011) and international level (Keilty and Connelly, 2001). ...
Purpose
This paper aims to critically evaluate contemporary Irish police practice, with an emphasis on emergent procedural innovations, in light of the needs of suspects with intellectual disabilities.
Design/methodology/approach
A review of published prevalence data in respect of people with intellectual disabilities in the Irish criminal justice system, of the Irish legal and policy landscape and the results of a recent empirical inquiry are used in critical evaluation.
Findings
In line with extant international research, the article identifies three sites of concern with respect to the protocols that exist within An Garda Síochána for identifying and responding to intellectual disability, including: (1) barriers to communication; (2) a need to build awareness and skills for police and persons with intellectual disabilities; and (3) a need for institutional change to secure equal access to justice for people with intellectual disabilities. Progress is being made at a systems level towards a human rights approach in Irish policing.
Originality/value
In representing the first international analysis of its kind, the article locates the barriers confronting suspects with intellectual disabilities in Ireland within a discourse that is sensitive to ongoing research-led, procedural reforms within An Garda Síochána (Ireland's national police service). Owing to the universalised nature of these barriers across policing systems internationally, the format of these reforms from this will be of relevance to many other policing states, in particular the 162 other signatories to the United Nations Convention on the Rights of People with Disabilities.
... Participants noted that sometimes families feel that not taking action in relation to the abuse may be the least traumatic option for the survivor. Given the generally poor experiences of women reporting GBV within the South African criminal justice system, the trauma of reporting, the prolonged and difficult experience of court, families' limited resources, and constrained support services (Artz 2011;Artz and Smythe 2007;Christofides et al. 2005;Jewkes et al. 2009), as well as the specific disability-related stigma and procedural barriers (Meer and Combrinck 2015;Keilty and Connelly 2001), families may be reluctant to begin a process that they think will be detrimental to all involved. Indeed this is not an unpopular opinion, including in higher income contexts (Keilty and Connelly 2001). ...
... Given the generally poor experiences of women reporting GBV within the South African criminal justice system, the trauma of reporting, the prolonged and difficult experience of court, families' limited resources, and constrained support services (Artz 2011;Artz and Smythe 2007;Christofides et al. 2005;Jewkes et al. 2009), as well as the specific disability-related stigma and procedural barriers (Meer and Combrinck 2015;Keilty and Connelly 2001), families may be reluctant to begin a process that they think will be detrimental to all involved. Indeed this is not an unpopular opinion, including in higher income contexts (Keilty and Connelly 2001). ...
Through in-depth interviews with service providers from non-governmental organisations (n = 58), this article describes the intricacy of familial relationships for women with intellectual disabilities in South Africa who experience gender-based violence. The findings suggest that families navigate social stigma, limited resources and isolation, whilst trying to be vigilant against gender-based violence and disability-related violence, and respond to it as it happens. However, family members are also simultaneously implicated in violence perpetration. We suggest that a social relational model of disability could help account for these crucial intra-familial dynamics.
... Police in Ontario receive little to no standardised training on responding to reports from victims with intellectual disabilities, and as such, have much discretionary power in how they approach these cases (Quinlan et al., 2016). Myths amongst police that women with intellectual disabilities are inherently promiscuous or not credible can reduce the likelihood that police will pursue a sexual assault investigation (Keilty and Connelly, 2001;Nelson, 2010;Ticoll and Panitch, 1993). Other assumptions that police investigators make about a victim's capacity to give effective or believable testimony in court, and the likelihood that a conviction will result from the prosecution, can also influence their decision regarding whether to proceed with an investigation of a sexual assault against someone with an intellectual disability (Keilty and Connelly, 2001;Quinlan et al., 2016). ...
... Myths amongst police that women with intellectual disabilities are inherently promiscuous or not credible can reduce the likelihood that police will pursue a sexual assault investigation (Keilty and Connelly, 2001;Nelson, 2010;Ticoll and Panitch, 1993). Other assumptions that police investigators make about a victim's capacity to give effective or believable testimony in court, and the likelihood that a conviction will result from the prosecution, can also influence their decision regarding whether to proceed with an investigation of a sexual assault against someone with an intellectual disability (Keilty and Connelly, 2001;Quinlan et al., 2016). Studies have demonstrated that police generally do not have appropriate interviewing skills for this population (Cederborg et al., 2009;Gudjonsson and Joyce, 2011). ...
Employing Carol Bacchi’s What’s the problem? approach, this article examines the abuse policy recently implemented through the Social Inclusion Act of Ontario, Canada’s developmental services sector (DSS), and how it constitutes sexual abuse of people with intellectual disabilities as a policy problem. Politically committed to preventing and addressing abuse, we examine how sexual abuse is ‘given shape’ in the policy and its compliance training materials, and how the policy’s mandatory police reporting requirement ‘subjectifies’ victims according to a taken-for-granted legal ‘worldview’ that presumes justice is achieved through criminalisation. We also demonstrate the everyday ‘deleterious effects’ of this policy in relation to how it leaves both support for sexuality and the long-standing crisis management approach of Ontario’s DSS unproblematised. This analysis calls into question the abuse policy of the Social Inclusion Act and demonstrates the pressing need to re-problematise abuse prevention and redress for people with intellectual disabilities.
... however, perhaps because of the significance of the rights and entitlements notice in making the detainee aware of their rights, this notice has also been highlighted as causing ' … particular difficulties in comprehension for people who have learning disabilities' (Gendle and Woodhams 2005, 71). These difficulties have been known for a long time and include concerns that people may not understand the caution or the rights in the notice due to poor comprehension and literacy (Murphy and Clare 1998), and may not tell custody officers that they cannot understand the information for fear of the stigma and discrimination attached to revealing a learning disability or difficulty (Jones and Talbot 2010;Keilty and Connelly 2001). Therefore, even though someone may have rights in this context, whether or not they are willing or able to exercise them raises fundamental questions regarding the equality of treatment for people with disabilities in the eyes of the law. ...
... however, many challenges in meeting these commitments within the CJS in the United Kingdom have been identified. For example, the Prison reform Trust's 'no one Knows' research programme (Jacobson 2008) highlighted particular challenges relating to the inconsistent treatment of offenders with learning disabilities and mental health difficulties due to acknowledged difficulties from frontline police officers in identifying their needs and responding appropriately (also bailey, barr, and bunting 2001;Cant and Standen 2007;Gendle and Woodhams 2005;henshaw and Thomas 2012;Keilty and Connelly 2001). This is in a context where it is estimated that 20-30% of all offenders in the United Kingdom ' … have learning difficulties or learning disabilities that interfere with their ability to cope within the criminal justice system; of this group 7% will have very low IQs of less than 70' (Jacobson 2008, iii), although the actual numbers could be higher than this (Williams, Swift, and Mason 2015). ...
Information provision and communication within the Criminal Justice System can be highly problematic for young people and adults with learning disabilities and difficulties. Paper-based communication is common, and is mandated for the provision of rights and entitlements in custody, but such communication can be poorly understood, potentially leading to miscarriages of justice. This article uses the piloting of a more accessible version of the rights and entitlements notice in custody to explore the communication practices with vulnerable detained persons from the perspectives of professionals within the Criminal Justice System. As a legally mandated text in a context heavily imbued with organisational power, the rights and entitlements notice in custody has sociological significance as a lens through which organisational practices, and understandings, can be examined. The stressful, fast-paced and transitional context of custody shapes communication and interaction in ways that are challenging for the detained person and also the professionals who support them.
... Consequently, it has been suggested that within the judicial system there is a need to become more familiar with ID, though, for example, additional training and educational programmes (e.g., Keilty and Connelly 2001;Kvarfordt, Purcell, and Shannon 2005). Those within the judiciary and the court system who are already knowledgeable about ID could, in this context, be used as consultants in areas, such as, for example, appropriate and inappropriate questioning strategies (Kebbell et al. 2001). ...
... Thus one of the key findings in this study is the need to understand how an ID can be seen as a question of relational and social construction in legal contexts. Therefore, it is extremely important for the judicial system professionals to develop knowledge and well-functioning approaches to interacting and communicating with persons with ID, for example, in an interview situation (see even Gudjonsson and Joyce 2011;Keilty and Connelly 2001;Kvarfordt, Purcell, and Shannon 2005). Such knowledge, accompanied by well thought-out methods and approaches, we believe, would have an immediate impact on the quality of both the interviews conducted, and consequently, the testimonies obtained during an investigation. ...
In Sweden several recent prostitution-related offences where the victims were women with intellectual disabilities (IDs) have created problems for criminal investigators and prosecutors. Based on court documents and interviews with police, prosecutors and social workers, and drawing upon Christie's notion of the ‘ideal victim’, four legal cases were analysed. Obtaining solid witness accounts from the victims was usually difficult. Several had a personal relationship with the defendant and were initially reluctant to provide a proper witness statement. Different types of psychological, social, and cognitive support had to be arranged to facilitate the process. As the analysis shows, there is a clear need to improve the skills and methods of professionals working within the legal system to ensure that the rights of individuals with IDs are properly met within the justice system, and that the quality of the police's work with them can stand up to scrutiny.
... Dit kan de beoordeling van betrouwbaarheid beïnvloeden. Zo weten we dat bijvoorbeeld slachtoffers met een licht verstandelijke beperking onder meer doordat zij vaker een incoherent verhaal vertellen een groter risico lopen niet serieus te worden genomen wanneer zij zich melden bij de politie voor aangifte of tijdens verhoor (Keilty & Connelly, 2001;Peled, Iarocci & Connolly, 2004;Cederborg & Lamb, 2006). ...
Literature review on the assessment of police interviewers – an assessment before enrolling in advanced interview courses in order to save capacity and costs, to enhance successful completion of the course, and to prevent disappointment.
... Moreover, victims suffering physical and/or intellectual disabilities or illnesses may experience increased difficulties as regards reporting or seeking help (176). A lesser access to justice is also related to marginalization and disparagement by the police when reporting an assault (174,176,177). In addition, intellectual disability may lead to a lack of understanding of the criminal meaning of sexual abuse (174). ...
The victimization of women by opportunistic drug-facilitated sexual assault in leisure contexts was studied in this work by applying a novel approximation. A multifocal analytical strategy based on an intersectional gender-sensitive approach was used to analyse the evidence coming from both forensic case studies and contextual studies about sexual interrelation and drug use. The process of victimization comprises social changes affecting consumption patterns and sexual interaction, intersecting in the hegemonic recreational nightlife model. However, victims experience a range of situations that make it difficult for them to self-acknowledge themselves as such. Widespread myths about the victimization process add to the social questioning faced by victims, stemming from gender-based double standards which condition the expected female behaviors regarding the use of drugs and sexual interaction. The victims usually experience amnesia, lack of injuries and emotional harm, which make difficult the self-acknowledgement as a victim of sexual assault and the reporting of the episode suffered. Consequently, it is an urgent public health need to implement a new viewpoint about the victimization of women by opportunistic drug-facilitated sexual assault in leisure contexts, able to increase awareness of the severity of this form of sexual violence. Society must recognize the existence of this problem within itself to help victims to acknowledge themselves as such, lodge a complaint and seek adequate help. The lack of this social support feeds the perpetuation of the victimization process, which exacerbates the risk of locking victims into spirals of cyclical re-victimization and favors both the underreporting as well as inadequate coping strategies. In addition to focusing on the need to increase awareness of the severity of female victimization by opportunistic drug-facilitated sexual assault in leisure contexts, other recommendations include the use of the term “take advantage”, the development of specific criminal approaches, and the in-depth knowledge of the phenomenon via victimization surveys. These steps are necessary for developing well-targeted and evidence-based preventive measures consistent-with-reality.
... On the other hand, victims suffering disabilities or illnesses may experience increased difficulties in reporting or seeking help [81]. A lesser access to justice is also related to marginalization by police when reporting an assault [83]. In addition, intellectual disability may lead to a lack of understanding of the criminal meaning of sexual abuse J o u r n a l P r e -p r o o f [82]. ...
An innovative approach towards the holistic and multidisciplinary study of the victimization of women by drug-facilitated sexual assault has been developed. This phenomenon constitutes a significant problem given the narrowing of the gender gap in drug use over the last few decades and the widespread presence of psychoactive substances worldwide. As violence against women and drug misuse intersect in this phenomenon, this intersectional nature emphasizes the need for a novel approach that enables us to go beyond the studies carried out to date. Consequently, a multidimensional strategy incorporating a gender-sensitive approach has been implemented. The study was aligned with approaches recommended by international authorities concerning sustainable development, thus meeting current global challenges. Furthermore, the study was structured based on an ecological model divided into multiple influence levels and integrating the triangular theory of violence. As a result, a new ecological working framework was built as a multilevel platform useful for understanding and preventing the victimization of women by drug-facilitated sexual assault.
... The interview process, for instance, will yield a preliminary narrative of events, will inform the police's identification of corroborating witnesses, will facilitate early determinations around witness competence and credibility and will provide valuable insights for the public prosecutor in terms of the testimonial supports which a witness might be likely to require in court (Cusack, 2018;McLeod, Philpin, Sweeting, Joyce, & Evans, 2010). These pre-trial police interactions therefore occupy a crucial role in ensuring that the legitimate needs, and human rights of persons with IDboth as victims and as suspectsare met throughout the criminal process (Keilty & Connelly, 2001). They also emphasise the importance of having specialist interviewers who can better undertake interviews with suspects with intellectual disabilities (Inclusion Ireland, 2017). ...
It is well established internationally that there is a high prevalence of intellectual disability (ID) among people in police custody. Some people with ID may face particular challenges in negotiating the forensic formalities adopted by police at the pre-trial stage of the criminal process. These challenges need to be acknowledged and mitigated through appropriate procedural safeguards in order to, at once, preserve the fact-finding accuracy of criminal investigations and minimise the risk of securing a wrongful conviction. And yet, despite the formative role which pre-trial procedures exert over the trajectory of proceedings, little is known about the experiences of people with ID during their initial interaction with law enforcement officers. In an attempt to address this research lacuna, we reviewed six databases systematically to identify studies that explore such experiences. Seven studies with a total of 1199 participants were identified. Frequently, participants with ID describe challenges in police custody, experiencing particular difficulties in understanding and communicating information. They report a paucity of appropriate supports generally in this setting and an unmet need for the provision of procedural and emotional supports. Consistent implementation of legal safeguards is necessary, along with consistent availability of accessible practical measures to support people with ID within the criminal justice system.
... Some of the factors that increase the risk of sexual abuse in MID adolescents may include feelings of powerlessness, lack of communication skills, and inability to protect the person due to lack of education and resources. Disorders in social skills and inadequate education lead to inappropriate behavior when confronted with the opposite sex, which in turn may pose a risk to them [21]. ...
Background: Puberty is an important period for teenagers with intellectual disability (ID). In this period sexuality education and increasing social skills of adolescent and education of mothers become absolutely vital. The current research aimed to present a comprehensive educational program for promoting sexual knowledge and social skills mild intellectually disabled teenagers in puberty.
Methods: This study is a sequential exploratory (qualitative – quantitative) mixed methods design that consists of three consecutive phases. In this study, following a qualitative approach, the researchers will explain state of sexual knowledge and social skills mild intellectually disabled teenagers in puberty. In the second phase, researchers will design an appropriate and comprehensive educational program for promoting sexual knowledge and social skills of MID adolescents and the education of their mothers. The suggested program of expert panel is approved based on prioritization guidelines and will be finalized for the execution. In the third stage, the effectiveness of educational program will be investigated in a semi-experimental study.
Conclusions: Findings revealed that the educational program is appropriate MID adolescents and their mothers and will increase their sexual knowledge and social skills in puberty. Educational programs are important for teenagers with MID and their mothers. Family plays an important role in puberty of these adolescents.
... The Disabled Women's Network of Ontario estimates that approximately 20% of sexual assaults against people with disabilities, including both developmental and physical disabilities, are reported to police and/or community service agencies (as cited in Peel Committee Against Woman Abuse, 2006). Significant barriers to making a statement about sexual assault exist, including police confusion about what constitutes an intellectual disability, systemic myths about women with intellectual disabilities, and overprotection of women with intellectual disabilities from the criminal justice system (Keilty & Connelly, 2010). While the new mandatory reporting policy in the developmental services sector in Ontario may increase the number of sexual assaults reported to police, it remains unclear how police will respond to these reports. ...
The Services and Supports to Promote Social Inclusion of Persons With Developmental Disabilities Act that passed in 2008 was intended to improve services and supports for persons with developmental disabilities in Ontario, Canada. This legislation introduced a new mandatory police reporting policy for any suspected abuse, including sexual assault. While heralded as a significant advancement, questions remain about the policy and the Canadian criminal justice system's capacity to effectively respond to abuse of people with developmental disabilities. Drawing on qualitative interview data with police investigators and Victim Crisis Services employees in Ontario, this article examines how police respond to these reports. The findings highlight the need for more clearly defined protocols and training on these types of sexual assault investigations and increased provision and coordination of appropriate support for victims/survivors with developmental disabilities.
... The poor agreement demonstrated in the public and private parts and places may be the result of the increased variability of participants in this section, due to the number of prompts required to elicit greater levels of information from the examinee. Although prompting may increase variability between assessments, Keilty and Connelly (2001) suggest that as people with an intellectual disability have increased difficulty with the acquisition, retention and retrieval of information from memory, it is necessary to use general prompts so individuals are better able to retrieve stored information. ...
This project was established to develop a tool that would increase the reliability and effectiveness of socio-sexual services offered to people with an intellectual disability via the creation of a standardised socio-sexual assessment.
... Consequently, reported victimisation rates vary greatly [19] from 2% [20] to 80% [21]. This variability is partly attributable to inconsistent definitions of both ID and victimisation [5,22] and whether victimisation is determined by self-report or official records; the latter likely representing a significant underestimate of the true prevalence rate [23][24][25][26]. In one of the few studies employing a control sample, Wilson and Brewer [4] compared victimisation rates across various offence types, finding that PWID had twice the risk of crime victimisation overall, and an even greater risk for sexual assault. ...
Purpose: People with intellectual disability (PWID) appear more likely to be victims and perpetrators of crime. However, extant evidence pertaining to these risks is limited by methodological weaknesses and the absence of consistent operational definitions. This research aimed to estimate the prevalence of criminal histories and victimisation using a large., well defined sample of PWID.
Methods: A case linkage study was conducted comprising 2220 PWID registered with disability services in Victoria, Australia, whose personal details were linked with a state-wide police database. Criminal charges and reports of victimisation were compared to a non-disabled community comparison sample (n=2085).
Results: PWID were at increased risk of having a history of criminal charges, particularly for violent and sexual offences. Although the non-disabled comparison group had a greater risk of criminal victimisation overall, PWID had a greatly increased risk of sexual and violent crime victimisation.
Conclusions: PWID are at increased risk of victimisation and perpetration of violent and sexual crimes. Risk of sex offending and victimisation is particularly elevated, signalling the need for specialised interventions to prevent offending and to ensure victims are assisted with access to justice, support and treatment.
Keywords: Intellectual disability; crime; victimisation; violence; sexual assault.
... Finally, it is likely that institutions are more inclined to report to the police in cases of children with ID because the care providers themselves feel less equipped in dealing with these kinds of incidents involving children with ID (Wissink et al., 2012). In line with this possible explanation, Keilty and Connelly (2001) also found that police expressed frustration around the high number of reported sexual incidents involving people with ID. According to some of the police officers interviewed, care providers did not discriminate between minor (consensual activity) and serious incidents and seemed to regard reporting to the police as a "butt-covering exercise" (p. ...
Background Little is known about the nature and reactions to sexual abuse of children with intellectual disability (ID). The aim was to fill this gap.
Method Official reports of sexual abuse of children with ID in state care were examined (N = 128) and compared with children without ID (N = 48).
Results Clear signs of penetration or genital touching by male (adolescent) peers or (step/foster)fathers were found in most ID reports. Victims often received residential care and disclosed themselves. Type of perpetrator seemed to affect the nature and reaction to the abuse. Cases of children with and without ID seemed to differ in location and reports to police.
Conclusions Screening of (foster)homes seems crucial. Residential facilities should find a balance between independence of children and protection. Care providers should be trained in addressing sexual issues and sexual education, accounting for different types of perpetrators (peers/adults). Uniform reporting guidelines are needed.
... Women with intellectual disabilities who live in cultures where gender inequality is conspicuous are at special risk of exclusion from a full part in everyday life. Attitudinal and systemic barriers may arise in any realm of society, for example from within the justice system when women with ID must make statements to police (Keilty & Connelly, 2001). ...
The first interdisciplinary book taking a contextual approach to the developing health needs of women with intellectual disabilities. It considers the social, economic and political contexts of health promotion. Its concise but comprehensive evidence base makes it a unique, reliable source for a wide readership.
... In other words, these publications could not be used to answer our research questions about sexual abuse of children with an intellectual disability. A few studies focused on adults instead of on children (Keilty & Connelly, 2001;Khemka, Hickson, & Reynolds, 2005), or on other related topics outside our research questions (Phasha & Myaka, 2014). Finally, four sources were excluded because they were written in the Dutch language and had not been published in international academic journals (Deelstra, Van der Molen, Niessen, & Ponsioen, 2001;Janssens, Felten, & Frans, 2010;Spanjaard, Haspels, & Roos, 2000;Vermeulen, Jansen, & Feltzer, 2007). ...
... On the one hand, people with LNFS are incorrectly viewed as asexual or 'sexual innocents' who should be protected from sexual experiences (Johns, 2010). On the other hand, they are viewed as sexually promiscuous, which could encourage the perpetrator in following through with the crime (Keilty & Connelly, 2001;Collier et al, 2006). All these myths are exacerbated by specific cultural beliefs regarding sexuality and sexual practices in South Africa and have a particularly negative impact on individuals with disability (Lafferty, McConkey & Simpson, 2012;Malimabe-Ramagoshi, Alexander & Molepa, 2007). ...
People with disabilities are at a high risk of becoming victims of crime. Individuals with little or no functional speech (LNFS) face an even higher risk. One way of reducing the risk of remaining a victim of crime is to face the alleged perpetrator in court as a witness – therefore it is important for a person with LNFS who has been a victim of crime to have the required vocabulary to testify in court. The aim of this study was to identify and describe the core and fringe legal vocabulary required by illiterate victims of crime, who have little or no functional speech, to testify in court as witnesses. A mixed-method, exploratory sequential design consisting of two distinct phases was used to address the aim of the research. The first phase was of a qualitative nature and included two different data sources, namely in-depth semi-structured interviews (n=3) and focus group discussions (n=22). The overall aim of this phase was to identify and describe core and fringe legal vocabulary and to develop a measurement instrument based on these results. Results from Phase 1 were used in Phase 2, the quantitative phase, during which the measurement instrument (a custom-designed questionnaire) was socially validated by 31 participants. The results produced six distinct vocabulary categories that represent the legal core vocabulary and 99 words that represent the legal fringe vocabulary. The findings suggested that communication boards should be individualised to the individual and the specific crime, based on both the core and fringe legal vocabulary. It is believed that the vocabulary lists developed in this study act as a valid and reliable springboard from which communication boards can be developed. Recommendations were therefore made to develop an Alternative and Augmentative Communication (AAC) Resource Tool Kit to assist the legal justice system. Keywords: augmentative and alternative communication; person with little or no functional speech; victim of crime; testifying in court; vocabulary selection; sexual crimes; illiterate individuals; witness competency INTRODUCTION People with disabilities are at a high risk of being victims of crime (Hughes et al, 2012; Jones et al, 2012). One group within the sphere of people with disabilities who are particularly vulnerable and have an increased risk are those individuals with little or no functional speech (LNFS), in other words, those with significant communication disabilities (Bornman, 2014; Bornman, Bryen, Kershaw & Ledwaba, 2011). This is not only due to the fact that they are unable to shout or call for help, but also because perpetrators often seek vulnerable individuals who they perceive as not being able to verbalise their victimisation to family and the police (Bryen & Wickman, 2011; Collier, McGhie-Richmond, Odette & Pyne, 2006). Research shows that the majority of individuals with LNFS who have been victims of crime know their perpetrators (Western Cape Forum for Intellectual Disability, 2014; Dickman & Roux, 2005). Perpetrators often believe that if their victims are unable to speak, they will be unable to seek help or disclose and report the crime to the police. Hence the saying: a silent victim is the perfect victim. The risk that an individual with LNFS runs of being a victim of a sexual crime is increased by factors such as a low self-esteem, low self-confident behaviour, a reduced ability to learn from risks, poor decision-making skills, limited knowledge of constitutional and personal rights, and limited knowledge of how to report a crime (Collier et al, 2006). Furthermore, individuals with LNFS typically have little knowledge of sexuality and appropriate sexual behaviour due to the fact that their parents or family believe that they should be " protected " from this information (based on the myth that sexual awareness will lead to promiscuity), or that they should rather rely on non-experts (such as their peers) for sexuality education (Larcher, 2014; Bornman et al, 2011, Ziv 2007; Bryen & Wickman, 2011). On the one hand, people with LNFS are incorrectly viewed as asexual or 'sexual innocents' who should be protected from sexual experiences (Johns, 2010). On the other hand, they are viewed as sexually promiscuous, which could encourage the perpetrator in following through with the crime (Keilty & Connelly, 2001; Collier et al, 2006). All these myths are exacerbated by specific cultural beliefs regarding sexuality and sexual practices in South Africa and have a particularly negative impact on individuals with disability (Lafferty, McConkey & Simpson, 2012; Malimabe-Ramagoshi, Alexander & Molepa, 2007). For
... Keilty and Connelly (2001), p 273;Bartlett and Mears (2011), p 10;Murray and Heenan (2012), p 352.117 Bartlett and Mears (2011), pp 64-65.118 See Baldry et al (2013) for a consideration of cognitive disability and vulnerability to harm. ...
Survivors with disabilities experience domestic violence both more often and differently to those who do not have a disability. The presence of impairment substantially transforms the medical, psychological, environmental, economic, legal and political factors which contribute to the occurrence of violence. Survivors of domestic violence are often highly dependent on their abuser, fear disclosing abuse and lack economic independence, and these issues may be heightened for a person who also has a disability. Domestic violence is amplified by the existence of impairment when law enforcement and medical bodies construct the survivor and their relationship with the perpetrator through an oppressive disability model. Advances in theory and international disability human rights laws may provide new and powerful avenues to critique how law and practice in Australia responds to disability domestic violence. The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is the first human rights convention to specifically protect survivors with disabilities from domestic violence. In this article, we use critical disability studies and the CRPD to identify limitations with Australia's responses to disability domestic violence.
Children and other vulnerable parties such as those with a cognitive, social or communication impairment frequently struggle to understand, and be understood in, the criminal justice environment. One way this has been addressed in jurisdictions around Australia and overseas is through the introduction of intermediary (or communication partner) schemes, whereby an independent third party assists vulnerable witnesses, and in some cases, defendants, with their communication needs. The South Australian Government introduced a trained volunteer communication partner scheme for defendants and prosecution witnesses as one element of its Disability Justice Plan in 2016. However, the scheme had relatively limited use and ceased operation on 1 March 2020. This study provides a qualitative analysis of stakeholders’ (N = 23 professionals) perceptions of how the scheme was implemented, the factors that constrained the usefulness of the scheme and how the initiative could be improved. Participants highlighted the need for a future communication partner service to include highly trained and specialized professionals situated within a government agency.
Amidst the increase in protest, activism and scholarship about police violence and repression in recent years, considerations of disability and ableism continue to be relegated to the margins. This article draws on interviews with leading disability justice advocates in Australia to shed light on the nature of police interactions with people with disability. Our analysis contributes to critical scholarship, advocacy and activism in four key ways. First, we reveal how the ubiquity of ableism in policing renders people with disability dangerous and undeserving Others. Second, we exemplify how the mutually constitutive roles of racism and ableism in policing consolidate the inseparability of the struggles for justice of racialised people and people with disability. Third, we reveal how the persistence of sexism and ableism in policing fails to protect victimised women with disability by constructing them and their experiences of violence as unbelievable subjects. Fourth, we affirm the vital importance of building alternative, community-driven approaches to safety. Our analysis underscores the necessity of attending to the interactions between racism, ableism and sexism in progressing scholarship and organising to divest funds from police and to eliminate their role in responding to unmet community care needs that they cannot and should not control.
Background
This review focused on how sexual consent ability was determined, managed, and enhanced in people with cognitive disabilities, with the aim of better understanding the recurring themes influencing the design and implementation of these approaches. If a person’s consensual ability becomes compromised, owing to either an early or late-onset cognitive disability, the formal systems involved must establish plans to balance the individual’s rights and restrictions on sexual expression. This review identified these plans, focusing on how they promoted the intimacy rights of the individual.
Objective
This study aims to identify approaches that determine sexual consent ability in people with cognitive disabilities, identify the means of managing and enhancing sexual consent ability in people with cognitive disabilities, and note the recurring themes that influence how these approaches and management systems are designed and implemented.
Methods
A systematic literature review was performed using EBSCOhost (Social Gerontology, CINAHL Plus, MEDLINE, and SocINDEX), Embase, PsyInfo, and Scopus to locate reports on terms expanded on sexual consent and cognitive disability.
Results
In all, 47 articles were identified, featuring assessment practices, legal case studies, and clinical standards for managing sexual consent capacity in people with cognitive disabilities. A total of 8 studies (5/8, 63% qualitative and 3/8, 38% quantitative) were included out of the 47 articles identified. Approaches for determining sexual consent included functional capacity and person-centered, integrated, and contextual approaches. Management of sexual consent ability included education, attitude, and advanced directives and support networks. The recurring themes that influenced these approaches included the 3 legal criteria of consent, American Bar Association and American Psychological Association Model, Lichtenberg and Strzepek Instrument, Ames and Samowitz Instrument, Lyden approach, Mental Capacity Act of 2005, and Vancouver Coastal Health Authority of 2009.
Conclusions
Determining sexual consent takes a holistic approach, with individuals judged in terms of their adaptive abilities, capacities, and human rights. The attitudes of those using this holistic approach need to be balanced; otherwise, the sexual rights of assessed people could be moved either in favor or against them. The ideal outcome, after person-centered considerations of those living with cognitive disabilities includes the people themselves being involved in the process of personalizing these approaches used to facilitate healthy intimate relationships.
What factors contribute to witness retraction, disengagement or withdrawal from the legal processing of cases, thereby bringing a halt to prosecution processes? The review focused mainly on offences of personal and sexual violence against adult victims. Eight electronic databases were searched, locating a total of 3264 potentially relevant records of which 39 studies were retained for review. While there are numerous studies on attrition, the proportion of them concerned with retraction, disengagement or withdrawal was small. Factors associated with retraction and withdrawal in cases of partner violence included where a couple are living together; where despite conflicts, they have apparently reconciled; where the victim wants the partner to be rehabilitated rather than punished; where the abuser agrees to have counselling or other help; and where the victim engages in self-blame or feels ashamed. Factors associated with cases of rape and sexual assault included victims fearing that their accounts will not be believed and of being cross-examined in court, especially when that can be done by the defendant. Women are more likely to disengage from rape cases if they are more highly distressed, engage in self-blame, have become pregnant or have been hospitalized. Crime investigations that include taking photographs, gathering forensic evidence, video-recorded statements, victim impact statements and where victims are quickly put in contact with support services are more likely to be followed to prosecution. Participation is sustained where victims have found the initial police contact more helpful, which can be influenced by training.
Sexuality is a phenomenon affected by socio-cultural norms and because sexuality is still taboo in many cultures, research on this issue is limited. Though sexuality is very important issue in adults with intellectual disabilities. The purpose of this study is to determine what skills are teached in the context of sexuality in studies and how these individuals perceive sexuality. The study is planned as a review study and firstly reveal that how the skills studied in the research on sexual life of adults with intellectual disabilities are categorized, and relationship between these skills and sexuality skills. Secondly, examined how adults with intellectual disabilities perceive sexuality based on literature. According to the findings of the research, independent life skills were studied in the context of sexuality skills with adults with intellectual disabilities. In the studies on literature, it was seen that adults with intellectual disabilities had positive and negative perceptions of sexuality. Positive perceptions of sexuality, desire to establish close relationships with the opposite sex, desire to exhibit sexual behaviors, desire to experience sexuality. Negative perceptions of sexuality are generally manifested by feelings of bad sexuality, fear, anxiety and reservations due to reasons such as sexual abuse, harassment, coercion, unwanted behaviors, unauthorized contact, and exposure to bad sexual discourse. Another perception of sexuality, adults with intellectual disabilities can not make sense of sexuality due to lack of information about sexuality. Finally, in the light of the research findings, recommendations were made for the practice and further researches regarding the sexual life of adults with intellectual disabilities.
This article highlights the importance of recognizing both the ontology of impairment as it relates to the creation of the disabled identity as well as why articulations of the disabled identity being ‘crip’ obfuscate potential politics. Examining how the disabled identity has been cast as a coherent social and political category, rather than the messy and complicated identity it truly is, I argue the adoption of a post-structuralist orientation by activists and advocates is bad for disability politics. Providing two examples, the first focusing on a publicized rape case of a person with an intellectual disability and the second on the importance of disability rights claims based on visibility of impairment, I show how articulations like those made in crip theory can have serious, negative implications for the lived experience of people with disabilities. I conclude with a call for disability studies scholars to engage disability politics in their work. © 2019
Research in disability studies fail to highlight how the concepts of disability, gender and the underlying dynamics of power skillfully intersect and cast an irrefutable impact on each other. Gender inequality and injustice assume discriminative forms for women, often resulting in denial of sexuality and sexual rights, disparity, increasing violence and abuse. This paper addresses the problem of sexual assault of women with disabilities in the Indian context, highlighting loopholes in the Indian legal system and suggesting possible strategies to reinstall their position in a community-based rehabilitation setting.
Accessing the criminal justice system is a basic human right protected internationally by the Convention on Rights of Persons with Disabilities (CRPD). However, one group within the broader disability sphere who finds accessing the criminal justice system particularly challenging is those with little or no functional speech (LNFS), as they cannot rely on spoken language to meet their needs. The aim of this research was to identify the factors that assist persons with LNFS, who had been victims of sexual crime, to access the criminal justice system in accordance with the contextual factors listed in the International Classification of Functioning, Disability and Health (ICF). Twenty-five participants took part in the research. A qualitative research design was used and three semi-structured in-depth interviews and three focus groups were conducted. A conventional qualitative analysis was used to identify themes. The findings suggested that although persons with LNFS are particularly vulnerable victims of sexual crime, personal and environmental factors can be facilitated to successfully access the criminal justice system. Our research suggests the development of a Disability Resource Toolkit to be used as a guideline and best practice model to ensure equal access to the criminal justice system for persons with LNFS.
Background:
Sexual violence is associated with significant morbidity and mortality. The incidence of sexual violence against adults with intellectual disability is significantly higher than in the general population. The aim of this systematic review and qualitative meta-synthesis was to explore the barriers faced by adults with intellectual disability in reporting sexual assault from the perspective of different stakeholders.
Method:
A systematic literature search was conducted to identify relevant studies. A hermeneutic interpretive approach was employed to review and assess the methodological quality of the studies. Findings were meta-synthesized and juxtaposed to identify themes, concepts and interpretations.
Results:
Thirteen studies were included. Three overarching themes emerged from an interpersonal, professional and social context, and within these domains, eight subthemes emerged as barriers to reporting sexual assault, including fear, communication, sexual knowledge and understanding, intellectual disability identification, lack of collaboration between service providers, presumption of capacity/credibility, lack of resources, myths and misconceptions.
Conclusion:
The research demonstrates that deficiencies in communication and collaboration among agencies, a lack of appropriate legislation and specific training needs and education programmes are significant barriers in the reporting of sexual assault by people with intellectual disability. These findings are not unique to adults with intellectual disability and have also been identified among people from the general population who experience sexual assault. However, adults with intellectual disability have additional barriers to overcome in order to access equal rights to healthcare, education and the legal system.
Communication disability, by its nature, limits a person’s ability to communicate instances of abuse effectively. It is often an ‘invisible’ disability, which is often hidden behind other diagnoses or more visible difficulties, and so is frequently overlooked. It is difficult to identify, and frequently misunderstood, particularly in low and middle-income countries. Refugees with disabilities are some of the most vulnerable to abuse and neglect, but those with communication disabilities are reportedly targeted because of their difficulties in being able to disclose their experiences and because of the stigma surrounding their disability. Their communities may not take their reports seriously and service providers are ill-informed and ill-equipped to support them to access medical and legal services. Their voices remain unheard, and their rights abused.
This article explores police responses to sexual violence reported by women offenders designated as having cognitive and psychosocial disabilities. The article does so by reference to the critical disability studies analytical approach to disability as socially constructed ‘abnormality’. This article utilizes this approach in analysing the recorded police contacts of one woman offender designated as disabled, ‘Jane’. Jane has had multiple contacts with police over a period of 15 years as a victim of sexual violence, alleged offender and ‘mentally ill’ person. The article finds that through multiple contacts with police as victim, alleged offender and ‘mentally ill’ person, the police events records build a narrative of Jane as an ‘abnormal’ body who is reduced to a drain on police and public health resources, a dishonest and nuisance offender and an attention seeker. The article argues that it is the interlocking discourses of gender, disability and criminality that produce Jane as unworthy of victim status and, perversely, in need of punishment by the criminal justice system for her public displays of trauma, mental distress and requests for police assistance. Ultimately, the article concludes that we need to give greater attention to the relationship between disability and affect, and to the broader cultural, institutional, legal and economic discourses that shape individuals’ affective responses, in understanding police responses to violence against women offenders designated as disabled and in contesting these women’s status as ‘ungrievable’ victims of violence.
Individuals with severe communication disabilities and who are victims of crime, experience many access and opportunity barriers in the criminal justice system. The aim of this research was to identify the barriers experienced by this population in the South African Criminal Justice System as perceived by experts in the field. A qualitative research method, with 56 expert professionals in the criminal justice system divided into two different sequential data sources, was employed. The first data source included in-depth, semi-structured interviews (n=3), and these results informed the second data source, which was in the form of four focus groups (n=53). The results from both data sources (N=56) identified numerous barriers for individuals with a severe communication disability who had been victims of crime and needed access to the criminal justice system. The findings suggest that more support and resources need to be provided to individuals with severe communication disability. Additionally, disability training for all professionals working in the criminal justice system needs to be a top priority. Recommendations were made to develop an augmentative and alternative communication resource toolkit to assist these professionals, to ensure equal justice for one of the most vulnerable groups in society - those individuals with a severe communication disability who have been victims of crime.
To live a life free from abuse and violence is a fundamental human right. Yet for many girls and women with disabilities, this remains a difficult goal to achieve. This paper examines the issue of violence against girls and women with disabilities in Portugal, by addressing three key questions: what forms of violence against girls and women with disabilities are more prevalent? How significant is the issue in Portugal? How to ensure the right of girls and women with disabilities to protection against violence? Drawing from 60 semi-structured interviews with women and men with various types of disabilities, the study reveals a high prevalence of situations of abuse among girls and women with disabilities including psychological, physical, sexual, financial and social violence. Results are discussed in light of human rights principles and suggestions are made to develop a research agenda and continue exploring the topic in the near future.
This section deals with institutional and community responses to women's disclosure of sexual assault. Fran Odette writes about the specific experience of disabled women who are sexually assaulted, highlighting the additional consequences they face - such as being institutionalized - if their reports are disbelieved by police or by the courts. Disabled women's vulnerability to assault is increased by the credibility gap they face, but Fran goes further in this chapter, identifying inadequate research and feminist services as implicated in the underdevelopment of disabled women's equality rights in the context of sexual assault. Arguing that disability is a social category that is imposed, she argues that if disabled women are not "othered," it will become obvious that the supports they require when they experience sexual assault are no different than what all women need.
Articles 12 and 13 of the UN Convention on the Rights of Persons with Disabilities encourage modifications to member-country justice systems to ensure equal access to justice for people with disabilities. The article explores Swedish professionals' perceptions and experiences of the accessibility of the country's justice system to individuals with intellectual disability (ID) who are involved in prostitution and prostitution-like activities and have become victims of crime. Barriers to this accessibility, as well as the use of advocacy by, and cooperation between, professionals as ways to overcome them, are investigated. Thirteen open-themed, face-to-face interviews were conducted with 21 participants working for the police, public prosecutor's office, social services, and habilitation services. Participants described shortcomings in the implementation, and even lack, of access to the justice system for these individuals, including lack of clear policies and legislation that would take ID into account. Crime victims with ID, according to them, were frequently not considered as credible witnesses by the justice system and there was a need for alternative communication tools in court. Also, lack of knowledge about people with ID among other professionals was identified as a problem. The use of advocacy function and successful collaboration among relevant professionals were suggested as ways to improve accessibility. The findings indicate that the laws and directives to promote the access of people with ID to the Swedish justice system are poorly implemented in practice. To improve this access, better collaboration among professionals and more systematic use of them in an advocacy role to help and support persons with ID throughout the entire justice process are likely to be helpful. © 2015 International Association for the Scientific Study of Intellectual and Developmental Disabilities and Wiley Periodicals, Inc.
Queensland Advocacy Incorporated (QAI) is an independent, community-based systems and legal advocacy organisation for people with disability in Queensland, Australia. QAI’s mission is to promote, protect and defend the fundamental needs and rights of the most vulnerable people with disability in Queensland. QAI does this by engaging in systems advocacy directed to attitudinal, law and policy change. Queensland Advocacy Inc is part of the Australian Network of Disability Advocacy Services funded by the Australian Government. About this report This report is the final outcome of a qualitative research project conducted during 2006 and 2007 that examined the experience of persons with disability in the criminal justice system in Queensland. Contact
This special issue of the Griffith Law Review is dedicated to an examination of the relationships and intersections between disability, criminal law and legal theory. Despite the centrality of disability to the doctrines, operation and reform of criminal law, disability continues to inhabit a marginal location in legal theoretical engagement with criminal law. This special issue proceeds from a contestation of disability as an individual, medical condition and instead explores disability's social, political and cultural contexts. This kind of approach directs critical attention to questioning many aspects of the relationships between disability and criminal law which have otherwise been taken for granted or overlooked in legal scholarship. These aspects include the differential treatment of people with disability by criminal law, the impact of core legal concepts such as capacity on criminal legal treatment of people with disability, and the role of disability in ordering and legitimising criminal law. It is hoped that the special issue will contribute to the shifting of disability from its peripheral location in legal theoretical scholarship much more to the centre of critical and political engagement with criminal law.
Vulnerable witnesses (e.g. children and adults with communication impairment) face many barriers to testifying and achieving justice when participating in the criminal justice system. To date, reforms have been implemented in Australia to address these, yet the barriers remain. Several other countries have implemented an intermediary scheme, whereby an independent third party assists vulnerable witnesses to understand the questions and processes encountered during interviews and trials, and helps witnesses to be understood. This study provides a qualitative analysis of stakeholders' (N = 25 professionals) perceptions regarding the potential benefits of implementing an intermediary scheme in Australia. While all participants demonstrated an open-minded attitude to new reform in this area, their perspectives did not support the introduction of an intermediary scheme at this time. Stakeholders highlighted the need for improved use and effectiveness of current measures, and expressed concern about adding further complication to the system.
This article analyses the place of the intersections of the criminal law of assault and the Family Court's welfare jurisdiction in rendering Family Court authorised sterilisation of girls with intellectual disability a legally permissible form of violence. The article does this by examining court authorised sterilisation of girls with intellectual disability by reference to the concepts of ‘legal violence’ and ‘abnormality’. The article's central argument is that Family Court authorised sterilisation of girls with intellectual disability is a form of lawful and ‘good’ violence against abnormal legal subjects. Such girls are - by reason of their incapacity - positioned outside the group of ‘normal’ legal subjects of assault who have the capacity to decide to consent to contact with their otherwise ‘impermeable’ and legally sacrosanct bodies. As the girls with intellectual disability are deemed to constitute ‘abnormal’ legal subjects of assault, the lawfulness of the contact involved in the act of their sterilisation is not dependent on the consent of the girls themselves, but instead on the consent of their parents as authorised by the Family Court acting in its welfare jurisdiction. In the course of authorising parental consent to sterilisation, the Family Court not only renders an act of sterilisation ‘lawful violence’, but also ‘good violence’ through the characterisation of girls with intellectual disability as absolutely different to individuals without disability, and through the characterisation of the act in legal, familial and medical terms.
This paper is based upon ideas developed by the authors during their past 6 years work on issues of sexuality and sexual abuse in a wide variety of learning disability settings in Britain. The paper argues that some features of service design in themselves make sexual abuse more likely to occur. It suggests ways of reducing risk, which should work alongside the more usually suggested educative approaches to individuals and groups of vulnerable people.
In order to assess a criminal suspect's ability to make a reliable statement, performance on three measures--interrogative suggestibility, confabulation and acquiescence--may be used. This paper presents preliminary data on these measures for people with mild learning disabilities (Full Scale IQ [FSIQ]: 57-75). It was found that they were more suggestible than their average ability counterparts (FSIQ: 83-111) because they were much more susceptible to 'leading questions'. They also confabulated more and were more acquiescent. Overall, the data emphasized their potential vulnerability to giving erroneous testimony during interrogations.
The Cleartalk project was developed in New South Wales (Australia) to help police respond to the communication needs of people with intellectual disabilities. Section 1 presents "The View from the Street: A Working Knowledge of Intellectual Disability," which discusses how individuals with intellectual disabilities are denied their right of access to the law and its processes due to communication problems. It also discusses the issues of isolation and devaluation, trust and conditioning, lack of education within the criminal justice system concerning people with intellectual disabilities, and police protocols for dealing with hidden disabilities. Section 2 adopts working premises about police work, communication, and people with intellectual disabilities; reviews police responses to a questionnaire revealing different perceptions of intellectual disability; discusses educational implications for police; and outlines a recommended procedure for assessing the communicative effectiveness of individuals with intellectual disabilities. Section 3 presents Cleartalk training modules on the impact of intellectual disability on the individual, recognizing that an individual has an intellectual disability, techniques for questioning the individual, assessing communicative effectiveness, and responsive policing. A bibliography of approximately 100 items and a copy of a promotional brochure complete the report. (JDD)
Despite the obvious importance of eyewitness information in criminal investigation, police receive surprisingly little instruction on how to conduct an effective interview with a cooperative eyewitness (Sanders, 1986). . . . Reflecting this lack of formal training, police often maintain a less-than-rigorous attitude toward this phase of investigation. . . . It is not surprising, therefore, that police investigators often make avoidable mistakes when conducting a friendly interview and fail to elicit potentially valuable information. The intent of this book is to provide the police interviewer (INT) or any other investigative INT with a systematic approach so that he can elicit the maximum amount of relevant information from cooperative eyewitnesses (E/Ws).
The language of this book is couched in terms of police investigations, primarily because our research has been conducted with police participants. However, since the Cognitive Interview is based on general principles of cognition, it should be useful to anyone conducting an investigative interview, whether a police detective, fire marshal, state-, defense-, or civil attorney, private investigator, etc.
The Cognitive Interview has evolved over the past several years and reflects a multidisciplinary approach. We have relied heavily on the theoretical, laboratory research in cognitive psychology (hence the name "Cognitive Interview") that we and other psychologists have conducted over the past thirty years. . . . The Cognitive Interview . . . is an eclectic approach, making use of ideas found across a variety of people, research approaches and disciplines. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Examines some existing prevention programs and proposes alternate strategies for prevention of sexual abuse of disabled persons. Useful training strategies include appropriate sex education; assertiveness, choice-making, and personal rights training; and caregiver staff training. The caregiving service delivery system may need reform, including staff screening, focusing greater responsibility on the service provider, serving as many disabled persons as possible in the community rather than in institutions to reduce disabled persons' isolation, and careful monitoring of the use of psychotropic drugs and aversive behavior management programs for behavioral control. Issues around detection, reporting, prosecution, and treatment are discussed, and several myths about disabled people that contribute to perpetuation of sexual abuse of people with handicaps are examined. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Patterns of sexual abuse and sexual assault are analyzed from 162 reports involving victims with disabilities. Results suggest that abuse and assault are frequently repeated and chronic, often result in significant harm to the victim, and are rarely reported to child welfare or law enforcement authorities. Many offenses are committed by paid service providers and occur in disability service settings, but other offenses occur in the same situations as sexual abuse and assault of victims without disabilities. Victims are predominantly female and offenders are predominantly male. Charges and convictions are rare. Victims with disabilities often experience difficulty obtaining treatment services that are accessible and appropriate to their needs. Discussion considers a multifactorial, ecological model of abuse and recommends some possible prevention strategies.
In response to recent changes in the Home Office recommendations concerning police interviewing of mentally handicapped persons, an experiment was carried out to investigate the usefulness of different interviewing techniques with mildly mentally handicapped children. Previous research carried out with children of normal intelligence (Dent & Stephenson, 1979) indicated that their recall of an incident was most accurate when unprompted. Theoretical research in the field of mental handicap suggested that such children's recall would be poorest when either unprompted or when heavily prompted, and that some form of intermediate cueing of recall may prove optimal. The experiment described here investigated the accuracy of recall of a live incident by a group of children with IQs ranging from 50 to 70 points in response to one of the following methods of elicitation: free recall, general questions and specific questions. As predicted, the general questions produced recall that was optimal in terms of completeness and accuracy.
In view of evidence that mentally retarded persons frequently acquiesce when asked yes-no questions, these readily answered questions were systematically compared to either-or questions on the same topics in interviews with four samples of mentally retarded children and adults. Although slightly fewer interviewees could answer either-or questions than could answer yes-no questions, either-or questions yielded answers that were more consistent from wording to wording, less invalidated by systematic response bias, and somewhat more in agreement with answers given by outside informants, either attendants or parents. The use of pictures in conjunction with either-or questions, while failing to produce significant improvements, tended to increase responsiveness and eliminate the slight bias toward choosing the last of the two options that characterized answers to verbal either-or questions.
Access to Services for Women with Disabilities who are Subjected to Violence, (Department of Prime Minister and Cabinet, Office of the Status of Women
- H Cattalini
CATTALINI, H. (1993) Access to Services for Women with Disabilities who are Subjected to Violence, (Department of Prime Minister and Cabinet, Office of the Status of Women, National Committee on Violence against Women), Australian Government Publishing Service, Canberra
The prevention of sexual abuse of people with developmental disabilities Equal protection before the law for crime victims with developmental disabilities. Impact Police Interviewing of the Mentally Handicapped: An experimental Study The Police Foundation
- D Sobsey
- S Tully Mansell
- B Cahill
Journal of Sexuality and Disability. Vol. 9 No. 3 pp. 243-259. SOBSEY, D. and MANSELL, S. 1992) The prevention of sexual abuse of people with developmental disabilities. Network. Vol.2, No.3 pp 8-17. SOBSEY, D. (1997) Equal protection before the law for crime victims with developmental disabilities. Impact. Vol.10, No.2, p 67. TULLY, B. and CAHILL, D. (1984) Police Interviewing of the Mentally Handicapped: An experimental Study. The Police Foundation, London.
Police Interviewing of the Mentally Handicapped: an experimental study
- B Tully
- D Cahill
TULLY, B. & CAHILL, D. (1984) Police Interviewing of the Mentally Handicapped: an experimental study (London, Police Foundation).
New Directions in Reducing Violence Against Women Access to Services for Women with Disabilities who are Subjected to Violence (Department of Prime Minister and Cabinet, Of ce of the Status of Women
- M Carmody
- H Cattalini
CARMODY, M. (1996) New Directions in Reducing Violence Against Women, Forum Held in Sydney, 15 April 1996. CATTALINI, H. (1993) Access to Services for Women with Disabilities who are Subjected to Violence (Department of Prime Minister and Cabinet, Of ce of the Status of Women, National Committee on Violence Against Women) (Canberra, Australian Government Publishing Service).
New South Wales Police Service Handbook (NSW Police Service)
- New South Wales Police
- Service
NEW SOUTH WALES POLICE SERVICE (1999) New South Wales Police Service Handbook (NSW Police Service).
Opening the Doors: court support for women with an intellectual disability
- Intellectual Disability
- Service
INTELLECTUAL DISABILITY RIGHTS SERVICE (1998) Opening the Doors: court support for women with an intellectual disability, p. 276 (Sydney, Redfern Legal Centre Publishing).
Making a Statement 291 Investigative Interviewing, paper presented at Investigation Techniques Con-ference Asking questions of retarded persons: a comparison of Yes/No and Either/Or formats
- N Savidge
- C Sigelman
Downloaded by [University of Southern Queensland] at 08:33 10 October 2014 Making a Statement 291 SAVIDGE, N. (1996) Investigative Interviewing, paper presented at Investigation Techniques Con-ference, Royal Institute of Public Administration, Australia, 25–26 June, 1996. SIGELMAN, C. et al. (1981a) Asking questions of retarded persons: a comparison of Yes/No and Either/Or formats. Applied Research in Mental Retardation, 5, pp. 347–357.
Reclaiming our Rights: access to existing police, legal and support services for women with disabilities or who are deaf or hearing impaired who are subject to violence
- L Mulder
MULDER, L. (1996) Reclaiming our Rights: access to existing police, legal and support services for women with disabilities or who are deaf or hearing impaired who are subject to violence (Sydney, Department for Women).
Equal protection before the law for crime victims with developmental disabilities, Impact Patterns of sexual abuse and assault
- D Sobsey
SOBSEY, D. (1997) Equal protection before the law for crime victims with developmental disabilities, Impact, 10(2), p. 67. SOBSEY, D. & DOE, T. (1991) Patterns of sexual abuse and assault, Journal of Sexuality and Disability, 9, pp. 243–259.
The Right to be Heard: obtaining evidence from intellectually disabled people. A Discussion Paper Victoria, (Off ce of the Public Advocate and Attorney General's Depart-ment)
- D Feben
FEBEN, D. (1988) The Right to be Heard: obtaining evidence from intellectually disabled people. A Discussion Paper Victoria, (Off ce of the Public Advocate and Attorney General's Depart-ment).
Sexual Assault of People with an Intellectual Disability (New South Wales Women's Coordination Unit)
- M Carmody
CARMODY, M. (1990) Sexual Assault of People with an Intellectual Disability (New South Wales Women's Coordination Unit).
Silent Victims: a study of people with an intellectual disability as victims of crime
- K Johnson
- R Andrew
- V Topp
JOHNSON, K., ANDREW, R. & TOPP, V. (1988) Silent Victims: a study of people with an intellectual disability as victims of crime (Victoria, Off ce of the Public Advocate).
Sexual Abuse of the Developmentally Disabled: a case study, paper presented at the National Conference of Executives of Associations for Retarded Citizens
- S Hard
HARD, S. (1986) Sexual Abuse of the Developmentally Disabled: a case study, paper presented at the National Conference of Executives of Associations for Retarded Citizens, Omaha, Ne-braska.
Investigative Interviewing. Paper presented at Investigation Techniques Conference
SAVIDGE, N. (1996) Investigative Interviewing. Paper presented at Investigation
Techniques Conference, Royal Institute of Public Administration,
Australia, 25-26 June, 1996.
An experimental study of the effectiveness of different techniques of questioning mentally handicapped child witnesses
DENT, H. (1986) An experimental study of the effectiveness of different techniques
of questioning mentally handicapped child witnesses, British Journal of
Clinical Psychology, 25, 13-17/
Equal protection before the law for crime victims with developmental disabilities
SOBSEY, D. (1997) Equal protection before the law for crime victims with
developmental disabilities. Impact. Vol.10, No.2, p 67.
New Directions in Reducing Violence Against Women
CARMODY, M. (1996) New Directions in Reducing Violence Against Women.
Forum Held in Sydney, 15 April 1996.
Prosecution Policy and Guidelines
OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS (1998). Prosecution
Policy and Guidelines. Office of the Director of Public Prosecutions, Sydney.
Police and Standard Operating Procedures for Investigation and Management of Adult Sexual Assault. NSW Police Service
- New South
- Wales
- Service
NEW SOUTH WALES POLICE SERVICE (1999) Police and Standard Operating
Procedures for Investigation and Management of Adult Sexual Assault.
NSW Police Service, Sydney.