People with Disabilities Affected by Violence: Court Advocacy and Intervention Tips

1. People with Disabilities Affected by Violence: Court Advocacy and Intervention Tips I-CAN! Accessibility Project Virginia Commonwealth University School of Social Work and Partnership for People with Disabilities Materials within this PPT may be used with proper citation

2. Training Objectives To provide information of how to assist people with disabilities affected by sexual and/or domestic violence 1. Become familiar with the how DV/SV may affect people with disabilities 2. Identify obstacles that could hinder a person’s ability to fully participate within the court system 3. Become familiar with the types of accessibility accommodations 4. Identify safety planning needs for people with disabilities affected by violence

3. Types of Disabilities Invisible • Hearing Impairment • Mental Health • Learning Disabilities • Traumatic Brain Injury • Intellectual Disabilities • Autism Spectrum Disorder Visible • Mobility • Blindness • Cerebral Palsy • Mobility Control

4. Prevalence of SV/DV among People with Disabilities and the Deaf Community • Abuse is likely to continue for a longer period of time for women with disabilities compared to women without disabilities (Young, M.E., Nosek, M.A., Howland, C., Chanpong, G., & Rintala, D.H. 1997) • Sexual assault is four times more common among women with disabilities than those without. (Martin, S. L. et al, 2006)

5. Prevalence of SV/DV among People with Disabilities and the Deaf Community • People who experience violence are also at risk of experiencing disabling conditions, including traumatic brain injury and neurological impairment (Banks, M.E. & Ackerman, R.J. 2002; Wilber , L. et al 2001)) • One study found that women with disabilities had a 40% greater chance of experiencing violence compared to women without disabilities (Brownridge, D.A. 2006)

6. 2011 Va Data • About 8% of people within Virginia receiving advocacy services identified as having a disability • About 11% of the people identified with a disability acquired the disability as a result of domestic or sexual violence

7. Perpetrators of Sexual Assault • 88%-98% of perpetrators are men and are known by the victim/survivor • 33% acquaintances • 33% family member or foster family members • 25% caregivers, service providers (Sobsey, 1998)

8. People with Disabilities are Abused: • More frequently • For longer periods of time • Less likely to escape the abuse • Less likely to access the criminal justice system • More likely to remain in situations that increase their vulnerability and risk of repeated abuse

9. Examples of Abuse • “Medication manipulation • Refusal to provide assistance with essential activities of daily living • Denial of access to telephones and other communication devices • Destruction of adaptive equipment” (Powers et al., 2002; Hughes et al., 2011, pg.302).

10. Risk Factors for Abuse Against People with Disabilities and Deaf Persons • Social isolation • Caregiver reliance – eliminating a sense of personal body space • Learned compliance • Segregated living environments and other “closed systems”

11. Risk Factors for Abuse Against People with Disabilities and Deaf Persons • Often aren’t believed • Limited communication • Use of unqualified interpreters by service providers • Lack of communication ability • Limited knowledge of what is assault and what is illegal or not illegal

12. Disability, Violence and Survival A Personal Story Safe Place PO Box 19454 Austin, TX 78760 www.austin-SafePlace.org 512-267-SAFE (Voice) 512-927-9616 (TTY)

13. What does the ADA Require from the Court? The Americans With Disabilities Act (ADA) (42 USC § 12101 et seq) requires: 1. All state and local governmental entities, including courts, to accommodate the needs of individuals with disabilities who have an interest in court activities, programs, and services.

14. What does the ADA Require from the Court? 2. The courts to modify programs to integrate persons with disabilities, eliminate discriminatory practices or procedures, and provide alternatives to communications limitations and differences. (CA Bench Handbook, 18).

15. Who is responsible for the accommodation? The court, not the individual with a disability, is responsible for providing accommodations. “[A] public entity shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity.” 28 CFR §36.160(b)(1).

16. Accommodations must address diverse disabilities, which can vary in nature and degree from person to person.

17. Court Advocacy: Gaining Accessibility for a Person with a Disability Advocate for: • the appropriate type of communication accommodation • a clear explanation of information and forms provided by the court • the ability to move throughout the court without barriers and limitations

18. Concerns of People with Disabilities while Utilizing Court Services • Overwhelming experience • Emotionally • Physically 2. Inability to complete required forms • Learning disability • Sight disability • Mobility disability

19. Concerns of People with Disabilities while Utilizing Court Services 3. Fear that Court Personnel will not be knowledgeable of disability limitations • A person with Traumatic Brain Injury may not be able to remember details therefore gives appearance of changing his/her story and/or being untruthful • Flat affect may be a result of PTSD, depression or Traumatic Brain Injury and may not have expected emotion to match the incident(s) being discussed.

20. Concerns of People with Disabilities while Utilizing Court Services 4. Concern of accommodation limitations that may impact the court experience • Lack of appropriate parking • Lack of appropriate space needed to move wheelchair through hallways, rooms, doorways • Building does not provide enough lighting • Communication limitations

21. Assess for Physical Mobility Barriers • Are there physical barriers making it difficult to enter the Court Building? • Where are the accessible parking spaces for people with disabilities? • Are the accessible parking spaces wide enough to accommodate a van with a wheel chair ramp?

22. Assess for Physical Mobility Barriers • Is a person utilizing a wheel chair able to get through all doorways into the various rooms throughout the court building? • How much walking and standing will each person be required to do to participate in the court proceeding? • It is okay to ask a person with a visual impairment if he/she would prefer guidance as he/she walks throughout the court?

23. Communication Tips • Look directly at the person intended to receive your information when speaking • Communication should be directed at the person utilizing the sign language interpretation not the interpreter • Communication should never be made while back or side is toward person intended to receive the communication

24. Communication Tips • Always Identify who you are before speaking • A person with a cognitive disability may have difficulty remembering details • A person with a visual impairment will rely upon this verbal identification throughout the entire court process as a means to identify who is providing assistance

25. Communication Tips • All people within a certain disability population do not use the same communication accommodations • Not all people who use sign language interpretation use the same form of sign language • Not all people who are deaf or hearing impaired can read or effectively write as a form of communication

26. Communication Tips • All people within a certain disability population do not use the same accommodations • Always ask the person what type of accommodation best meets his/her need • Not all people who are blind utilize Braille

27. Sign Language Interpreters • Sign language interpreters are available through the court • The procedures to obtain sign language interpretation may vary depending on the court • Check with the court on the need to establish a procedure for the availability of sign language interpreters; especially for the “non-planned” process of filing for protective orders

28. Accommodation Needs for Shelter and Court 1. Providing specific services such as: assistive listening systems, sign language interpreters, oral interpreters, real-time captioning, written material on computer-readable disk, telecommunications devices for the deaf (TDD), videophone, or reader services for a deaf or hard-of-hearing person. 2. Providing Braille materials or the assistance of a sighted person to describe objects or diagrams for a blind person.

29. Accommodation Needs for Shelter and Court • Providing for a person who is sensitive to chemicals or scents, lighting, air conditioning, or other environmental elements in the court building or in specific rooms. • Permitting the accompaniment of a trusted advisor, companion or other assistive personnel for a person with an emotional or other disorder. • Transportation to and from the shelter and court

30. Safety Planning Guidelines • Barriers of the victim’s disability should always be considered • Safety plans should include disability resources • Resources and educational materials should always be provided within the users primary language such as: braille, sign language, information matched to meet any intellectual disabilities • Safety planning should incorporate any type of new technology and accommodations that may improve safety

31. Critical Questions in Safety Planning • How does the victim’s disability effect him/her in an emergency? • Does the consumer have a safe place to go in an emergency, day or night? • Are there service providers or other support services connected to the abuser in any way?

32. Necessary Components within a Safety Plan • Identify a manner in which the victim may be able to call 911 either from home or a shelter • Plan for ability to access needed medications in the event the victim needs to leave his/her home • Develop a plan to gather important documents (birth certificate, guardianship papers, insurance , etc.)

33. Necessary Components within a Safety Plan • Identify safe places the victim may go, day or night, in the event of an emergency. Consider the victim’s disability when identifying a shelter and/or safe place means of transportation. • Identify any medical or accommodation equipment that victim will need when leaving. This equipment may include service animals.

34. Community Task Force Goals • Identify the community needs in assisting people with disabilities • Establishing working relationships between service providers throughout the community • Cross training and educational opportunities

35. Suggested Task Force Membership • Local Police Department • Local Sexual and Domestic Violence Shelter • Local Victim Witness Program • Disability Service Agencies; • Local Center for Independent Living • Local branch of Arc • Virginia Department for the Deaf and the Hard of Hearing • Virginia Department for the Blind and Visually Impaired