When Justice Sleeps: Violence and Abuse Against the Developmentally Disabled

1
When Justice Sleeps Violence and Abuse Against
the Developmentally Disabled

• Joan Petersilia, Ph.D.
• Professor of Criminology, UCI
• Member, Mental Retardation Research Center, UCI
  Medical Center

2
Todays Presentation

• Describe the extent and nature of the problem
• Explain why persons with mental retardation (MR)
  and developmental disabilities (DD) have high
  risks for abuse and crime victimization
• Discuss what can be done to address problem
• I am not addressing crime perpetrators, although
  many issues are similar

3
Why THIS Issue Now?

• Prevalence of MR and DD increasing
• increases in child abuse substance use during
  and after pregnancy
• CA. population up 20, DD population up 52, mild
  MR up 100
• More DD/MR in the community
• institutional pops just 1/3rd of what they were
  30 years ago
• Often little support, easy targets as victims
• Not known if overall crime risk is greater, since
  attendants in institutions are frequent
  perpetrators
• More low SES, urban minorities committing crime,
  where MR/DD rates highest. Greater MR/DD
  exploitation.

4
Defining Developmental Disabilities (DD)

• Mental impairment
• lt 70 IQ
• manifested lt 18 -22 years of age
• results in lifelong functional limitations (work,
  learning, mobility, health and safety)
• Includes mental retardation (gt 80 of DD),
  autism, cerebral palsy, epilepsy, and severe
  learning disabilities
• 4-5 of Americans are estimated to be DD

5
Characteristics of Persons with MR/DD

• Childlike quality of thinking
• Slowness in learning new material
• Little long-term perspective or ability to think
  causally
• Dont often understand consequences of actions
• Often followers, easily manipulated, take
  everything at face value
• Trusting of authority, anxious to please

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What Causes MR DD?

• Prenatal
• genetic conditions
• Fragile X, Downs
• Maternal Behavior and Exposures
• fetal alcohol syndrome
• Perinatal
• low birth weight, infections
• neonatal herpes, streptococcus

• Postnatal
• exposure to contaminants
• lead
• Infections
• bacterial meningitis
• Injury
• child battering, car accidents, near drownings

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What Causes MR/DD?

• 2 Distinct Types
• Those with an organic basis (e.g., biologic,
  genetic)
• Those with no pathological basis (e.g., familial
  or cultural retardation)
• measured by sustained poverty, home learning
  environment, parental education, fathers
  occupation
• related particularly to mild MR

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Demographic and Social Risk Factors

• Higher rates of MR
• in males (1.4 to 1)
• in races other than white
• in lower SES
• sustained poverty, very high rates
• SES virtually eliminates IQ differential by race

• Higher rates of criminality and victimization
• Exactly the Same!

9
Mental Retardation Mental Illness are NOT the
Same Thing

• Mental Retardation
• Decreased ability to learn
• Low IQ
• Before Age 18
• Disability not often noticeable
• Persons not violent

• Mental Illness
• Impacts moods emotions
• Low or high IQ
• Occurs at any time
• Disability may be noticeable
• May be associated with violent outbursts

10
Child Abuse and Neglect 2 to 3 Times Higher in
Children with Disabilities

• Reported child abuse of DD children is
• 2.8 times as high for emotional neglect
• 2.1 times as great for physical abuse
• 1.8 times as high for sexual abuse
• Of all children physically or sexually abused,
  15-17 had disabilities.
• Underestimates, since includes only reported
  cases, and excludes children in institutions
• National Center on Child Abuse and Neglect, 1993
• The Roeher Institute (Canada)
• 39-68 of girls, 16-30 of boys, with DD will be
  sexually abused before age 18

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Persons with MR/DD Have 4 to 10 Times Higher
Risk of Being Crime Victims

• MR/DD persons crime risk
• 11 times higher for sexual assault (particularly
  high for teen young adult girls) 13 times
  higher for robbery
• Over 70 of these crimes not reported to police
  (and of those reported, about 15 result in some
  action)
• Higher re-victimization rate too
• perpetrators regard them as easy prey--little
  chance of detection and punishment
• 2 studies found that 50 of women with DD who had
  been sexually assaulted, had been assaulted 10
  times

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Persons with MR/DD Have Higher Risk of Being
Crime Victims
Australian National Crime Victims Survey 1992
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Estimate of the Number of U.S. Crime Victims with
Developmental Disabilities

• Take the Australian data, apply the difference
  ratios to U.S. NCVS data, by crime type.
• Reveals that about 5 million crimes against
  persons with DD occur each year
• compared to 1 million domestic violence, .8
  million elder abuse 3 million child abuse, and
  8,000 hate crimes. Yet no agency or scholars
  focuses on these victims.

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Number of U.S. Crimes Against Personswith
Developmental Disabilities
of DD Victims per non-DD Victim
of Crimes Against Persons with DD
Assault 2.85 1.08 millionSexual
Assault 10.67 0.19 millionRobbery 12.75 0.
67 millionBurglary 1.78 0.84 millionAuto
Theft 0.86 135,000Theft 1.19 3.05
million Total 4.99 million
Estimated from NCVS, 1994
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Adult Women with Disabilities Rate Abuse and
Violence as 1 Concern
Ranking Issue Top Priority Abuse and
Violence 92 Reproductive Health 79 Youth
Programs 52 Substance Abuse 52 Aging
37 Child Care 31 Berkeley Planning
Associates, 1996 Americas dirty little
secret violence against the disabled
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What We Know About Violence Against the Disabled

• 90 of assailants know their victims
• Family, neighbors, bus drivers, care providers,
  who have regular contact with the victim
• thus stranger-danger prevention programs are
  misguided
• Two-thirds of sexually assaulted females never
  told authorities
• interviews show they lacked information about who
  to tell, appropriateness
• when did report, 55 were not believed
• persons with MR/DD seldom receive sex education
  -- yet appropriate sex education can reduce
  incidence
• Violence causes MR/DD too
• The United Cerebral Palsy Association estimates
  that 11 of their constituents have cerebral
  palsy as a result of physical abuse.

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Why Are Persons with Disabilities So Vulnerable
to Crime?

• Segregated from others
• Heavy dependence on caregivers, who can exploit
  them
• Praised for their compliance
• Easily persuaded or led by others
• Impaired judgement
• Lack knowledge on how to protect themselves
• Live in high risk environments
• More often in locations with motivated
  offenders
• Not educated on safety, appropriate sexuality, or
  basic legal rights

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A Target Selection Model for Crimes Against the
Developmentally Disabled
Exposure to Motivated Offenders (Proximity)
Persons Routine Activities

• Demographics
• Age
• Sex
• Race
• Social Class
• Type of Disability
• Social Competency

• Lifestyle
• Job
• Income
• Living Situation
• Area of Residence
• Mobility transportation

Potential Yield as Target of Crime (Reward)
VICTIM Risk
Accessibility (Absence of Capable Guardians)
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MR/DD Victims and Non-Victims Differ in
Interpersonal Competence

• Studies shows vulnerability to crime is
  associated with low scores on Tests of
  Interpersonal Competence and Personal
  Vulnerability (TICPV)
• 20 multiple choice questions
• Judgements regarding friends (rather than
  strangers) are most difficult, as well as those
  with fathers, relatives, boyfriends.
• Programs can teach competence personal safety

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Test of Interpersonal Competence and Personal
Vulnerability (TICPV)

• 14. If a man in uniform asks you to give him all
  your money, you should,
• a) Give it to him because he may be a policeman
• b) Say you don't have any
• c) Give it to him so he'll go away
• 15. If your dad always punches you when he's had
  a few drinks, you should,
• a) Tell someone at work or your doctor
• b) Hide from your dad until he's in a better
  mood
• c) Go to the doctor and tell him you fell over
• 16. If you go out with someone and they want you
  to have sex, but you don't want to, you should,
• a) Do it anyway so they'll go out with you again
• b) Do it, but don't go out with them anymore
• c) Say you don't really feel like it and go home

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Safety Zone Cops TalkPersonal Safety Training
Portland, OR Police Department

• Goals
• provide safety training and police services
  awareness so as to avoid crime victimization and
  criminal offending
• increase consumers and providers knowledge of
  the CJS (e.g., how to serve as an effective
  witness)
• Police also developed the Disability Alert
  Registration
• voluntary registry listing disabling conditions,
  communication ability, family phone numbers
• Developed self-defense program for women with
  DD/MR
• All officers receive mandated training on
  disabilities

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Even If Reported, Little Justice

• Low rates of police follow up, prosecution, and
  few convictions
• If convicted, sentences for crimes against the
  DD/MR are lighter -- particularly for sexual
  assault. Why?
• difficult investigations, police lack special
  training
• consent difficult to establish
• negative stereotypes about the DD/MR -- it
  doesnt hurt
• Lack credibility as witnesses, but MR/DD have
  good memories and may be more reliable (but
  confused in adversarial proceedings)
• DD/MR easily intimidated by CJS and repeated
  questioning, known perpetrator further intimidates

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Why Such Little Interest?

• Victims have no ability to advocate on their own
  behalf
• low SES, few communication skills, low intellect
• same with most of their families
• Some advocates dont want to publicize -- fear
  backlash against deinstitutionalization and
  normalization
• No one sees it as their issue
• Criminal Justice System -- low numbers overall,
  no public pressure
• Mental Health -- judicially involved belong
  elsewhere
• Researchers/Academics -- hidden population,
  difficult to study

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What To Do For Victims with MR/DD? At A Minimum...

• Reduce Victimization
• Provide Personal Safety Training
• Better screening of those who work with
  vulnerable populations
• Increase Identification of Victims
• Educate teachers, physicians, rape counselors,
  police
• Increase Prosecution and Sentencing of
  Perpetrators
• Special Police Court Procedures (use of
  videotape, translators, similar to child abuse)
• Canada just passed law allowing adults with MR to
  give evidence via videotape
• Conduct Research
• Crime Victims with Disabilities Awareness Act
  (Clinton signed 10/98)
• National Academy of Sciences study, and add items
  to National Crime Victims Survey

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Violence and Abuse Against Persons with Mental
Retardation

• Joan Petersilia, Ph.D.
• Professor of Criminology, Law Society, UCI
• Member, Mental Retardation Research Center, UCI
• Co-Chair, Law Justice Committee, National
  Research Council

26
What We Know

• Reported child abuse and neglect 2 to 3 Xs
  higher for children with MR/DD
• Persons with MR/DD have 4 to 10 Xs higher risk
  of being crime victims (particularly sexually
  assault)
• 90 of victims knew their perpetrators, but
  2/3rds never told anyone. Higher revictimization
  rates.
• If reported, VERY low rates of police follow-up,
  prosecution, and few convictions.

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Education and Research Sorely Needed

• Priorities
• Educate justice, medical and social service
  personnel on identification and processing
• Develop safety training programs for MR/DD
• Establish victimization prevalence rates for
  different MR/DD groups
• Variations by living setting, phenotype, etc.
• Profile perpetrators of the MR/DD population
• How they gain access, why they chose

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Complex Issue Requires Multidisciplinary Approach

• Criminologists, physicians, statisticians, child
  development, educators, MR/DD specialists are
  essential
• Congress agreed, passed the Crime Victims with
  Disabilities Awareness Act in 1998
• Established National Research Council panel
• MRRC support critical
• McCleary wrote paper on challenges of measuring
  victimization in MR/DD
• Lott facilitated data analysis, taped NRC
  presentations
• Cluster groups developing around child/dependent
  adult/elder abuse, victimization in institutions,
  personal safety programs

29
MRRC Promotes Productive Collaborations

• Projects Underway or Planned
• Integrated Medical Response Team for dependent
  adult abuse
• Study of the memory of MR/DD adults under
  simulated court police questioning conditions
• Analysis of State child abuse and neglect reports
  for children with MR/DD
• Assist US Dept of Justice to measure
  victimization for persons with disabilities
• Analysis of the relationship between delinquency
  and ADHD