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
Today’s 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
2
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 pop’s 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.
3
Defining Developmental Disabilities
(DD)
• Mental impairment
– < 70 IQ
– manifested < 18 -22 years of age
– results in lifelong functional limitations (work, learning, mobility,
health and safety)
• Includes mental retardation (> 80% of DD),
autism, cerebral palsy, epilepsy, and severe
learning disabilities
• 4-5% of Americans are estimated to be DD
4
Characteristics of Persons
with MR/DD
• Childlike quality of thinking
• Slowness in learning new material
• Little long-term perspective or ability to think
causally
• Don’t often understand consequences of actions
• Often followers, easily manipulated, take
everything at face value
• Trusting of authority, anxious to please
5
What Causes MR & DD?
• Prenatal
– genetic conditions
• Fragile X, Down’s
– 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
6
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,
father’s occupation
• related particularly to mild MR
7
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!
8
Mental Retardation & Mental Illness are
NOT the Same Thing
• Mental Retardation
• Mental Illness
– Decreased ability to learn
– Impacts moods & emotions
– Low IQ
– Low or high IQ
– Before Age 18
– Occurs at any time
– Disability not often
noticeable
– Disability may be
noticeable
– Persons not violent
– May be associated with
violent outbursts
9
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
10
Persons with MR/DD Have
4 to 10 Times Higher Risk of Being
Crime Victims
• MR/DD person’s 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
11
Persons with MR/DD Have
Higher Risk of Being Crime Victims
2.85
Assaults
10.67
Sexual Assault
12.75
Robbery
Auto Theft
-0.86
E.g., persons with DD are
12.75 times more likely than
non-DD to be robbery
victims
1.2
Other Theft
2.7
Overall Personal
1.78
Break/Enter
1.2
Petty Theft
1.6
Overall Household
-2
0
2
4
6
8
10
12
14
Increased Crime Risk For Persons with DD
Australian National Crime Victims Survey 1992
12
Estimate of the Number of U.S. Crime
Victims with Developmental Disabilities
• Take the Australian data, apply the “difference
ratio’s” 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.
13
Number of U.S. Crimes Against Persons
with Developmental Disabilities*
Assault
Sexual Assault
Robbery
Burglary
Auto Theft
Theft
Total:
# of DD Victims
per non-DD
Victim
# of Crimes
Against Persons
with DD
2.85
10.67
12.75
1.78
0.86
1.19
1.08 million
0.19 million
0.67 million
0.84 million
135,000
3.05 million
4.99 million
* Estimated from NCVS, 1994
14
Adult Women with Disabilities Rate
Abuse and Violence as #1 Concern
Abuse and Violence
Reproductive Health
Youth Programs
Substance Abuse
Aging
Child Care
% Ranking Issue Top Priority
92%
79%
52%
52%
37%
31%
Berkeley Planning Associates, 1996
“America’s dirty little secret …violence against the disabled”
15
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.
16
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
17
A Target Selection Model for Crimes Against the Developmentally Disabled
Exposure to
Motivated
Offenders
(Proximity)
Demographics:
Lifestyle:
•Age
•Sex
•Race
•Social Class
•Type of
Disability
•Social
Competency
•Job
•Income
•Living
Situation
•Area of
Residence
•Mobility &
transportation
Person’s
“Routine
Activities”
Potential
“Yield”
as Target
of Crime
(Reward)
Accessibility
(Absence of
Capable Guardians)
VICTIM
Risk
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
19
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
•
•
•
20
“Safety Zone: Cops Talk”
Personal Safety Training
Portland, OR Police Department
• Goals:
– provide safety training and police services awareness so as to avoid
crime victimization and criminal offending
– increase consumer’s and provider’s 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
21
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 doesn’t 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
22
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 don’t 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
23
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
24
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
What We Know
• Reported child abuse and neglect 2 to 3 X’s higher for
children with MR/DD
• Persons with MR/DD have 4 to 10 X’s 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.
26
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
27
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
28
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
29