"Supporting Survivors with Disabilities through the Criminal Justice Process"

1. "Supporting Survivors with Disabilities through the Criminal Justice Process" Roberta Sick, Crime Victims with Disabilities Project Director Partners for Inclusive Communities – UA Arkansas’ University Center for Excellence on Disabilities

2. Learning Objectives • Understand the Importance of Working Together • Identify Five Overarching Principles • Have Knowledge of Attitudes and the Effects on Justice • Utilize strategies that do not REVICTIMIZE • Think about Practical Considerations for Providing Supports and Resources

3. Work Together= Collaboration • Learned the most from serving victims through co-advocacy with other programs. • Learn from our successes and our mistakes • These “Stories” encourage change • Victims got the support they needed (sometimes). • Intervened sometimes to keep things moving along.

4. Work Together = Collaboration • In its simplest form, collaboration means "to work together." • According to the Fieldstone Alliance, collaboration is "a mutually beneficial and well-defined relationship entered into by two or more organizations to achieve results they are more likely to achieve together than alone.” 

5. Five Overarching Principles • Person centered/victim centered • Be Respectful • Recognize Strengths • Build Relationships • Knowledge is Power: • Don’t Forget what you Already Know • Share information

6. Definitions • Attitudes – are generally positive or negative views of a person, place, thing, or event. People can also be conflicted or ambivalent. Definition of Attitude from Wikipedia • Issue – A point or matter of discussion, debate, or dispute. Definition of Issue from The Free Dictionary

7. The Issues • A Cascade of Injustices • Lack of knowledge • Oppression and Paternalism • Effects of Trauma • Definitions of Justice • Victim Blaming • Fear of Disability • Justice for All • Communicating with Victims

8. Issue: A Cascade of Injustices Abuse and Neglect happens • Not recognizing abuse and neglect as wrong • Not being able to disclose • Not being understood or believed • Reports not investigated • No Therapy or inappropriate therapy • No Trial • No Conviction (Adapted from Hilary and Styron, 1998)

9. Knowledge is Power If Abuse and Neglect happens • Recognizing abuse and neglect as wrong • Being able to disclose • Being understood or believed • Reports investigated • Appropriate therapy • Trial • Conviction

10. Issue: Lack of Knowledge Training ? • Everybody with a disability who thinks they may become a crime victim meet here at 5:00 for training? • Probably Not a Good Idea Crime and Violence • Crime/violence is not CONVENIENT nor PLEASURABLE. • NOT a choice. • NOT the Victims Fault

11. Issue: Lack of Knowledge (2) • The criminal justice process is very confusing and difficult. • The process is often “re-victimizing.” • The persons trauma may be complex. • For the purpose of understanding persons with intellectual disabilities – it might be best to view PTSD as a continuum rather than a discrete condition. (Taken from: Trauma-Informed Behavioral Interventions, Karyn Harvey, 2012)

12. Finding Justice: Be Respectful Remember: It is more than our time and money for what we are doing – we are dealing with people and their TRAUMA Remember they may be risking their independence in coming forward. If we are rude, disrespectful, unkind, it hits people harder because of the job that we are tasked to do. Victim Advocate Attitude Armor • Respect • Kindness • Always the Truth • Bring your whole person • Be in the Moment

13. Be Respectful: Rosa’s Law • On October 6, 2010, President Barrack Obama signed into law Rosa's Law. • Rosa's Law changes references in federal law from mental retardation to intellectual disability and references to a mentally retarded individual to an individual with an intellectual disability.

14. Finding Justice: Knowledge is Power What can we do? Explain that there are different kinds of victim advocates. Identify who you are and your role. Prepare the person as much as possible for what is happening. Recognize the frustrations and invest in building relationship and connection. More preparation - information is power. Don’t forget what you already know. Understand that: • There is some information that this person may need • There is a lot of Frustration and Anger especially in the beginning • The person is unprepared to deal with the criminal justice system.

15. Issue: Oppression and Paternalism • Paternalism - Paternalism is, in simplistic terms, acting on another’s behalf without his or her explicit consent. • typically refers to behavior, by a person, organization or state, which limits some person's liberty or autonomy for their good, or the liberty or autonomy of some group of people for their good. (Wikipedia) • Oppression is the "systematic mistreatment of one group of people by another group of people, in which there is an imbalance of institutionalized power."(Adapted from: Issues Of Culture And Oppression In Organizations by Sharon Kaiser May, 1990 San Francisco, California)

16. Finding Justice: Person/Victim Centered • Recognize the far reaching effects of paternalism and oppression. • Be mindful in your interactions with support people. • RECOGNIZE: It is hard for people with disabilities to have a voice if their rights are not considered important. • REMEMBER to apply the OVERARCHING PRINCIPLES

17. Issue: Effects of Trauma There are different kinds of traumas. People who experience trauma may feel: Devalued Disconnected Unsafe • Trauma is defined by the experience of the person. • Traumatic events can cause people to feel very afraid, upset, confused, helpless, angry, empty, or numb.

18. Trauma and Behavior • It is possible that many of the responses of individuals with intellectual disabilities that we call “behavior issues” might actually be manifestations of trauma and trauma based responses. (Taken from: Trauma-Informed Behavioral Interventions, Karyn Harvey, 2012) • Behavior is, in itself, a language. • Behind behavior is often an emotion. • Behind emotion is an accumulation of past traumas and their effects. • Remember PTSD as a continuum.

19. Recognizing Strengths • Fact that they have made it to this point = they have STRENGTHS. • Offer resources to support these. • The goal is to integrate what happened and come out on the other side feeling hopeful. • The persons STRENGTHS are the tools. • Justice system may not be where they get this. Need to prepare people for it.

20. Recognizing Strengths • The advocates job is to remind people of these strengths and build upon them. • Our strengths come from our life experiences and opportunities. • Resiliency comes from coping strategies, self esteem and strong relationships.

21. Become Trauma Informed • Trauma-informed organizations, programs, and services are based on an understanding of the vulnerabilities or triggers of trauma survivors that traditional service delivery approaches may exacerbate, so that these services and programs can be more supportive and avoid re-traumatization. • Taken from: Trauma Informed Care

22. Justice - by who’s definition Justice “Justice" - defining exactly what that concept means is very difficult Problems develop when one party defines justice in one way and their opponent(s) define it differently.  What is the Definition of Justice ? • Is it defined by the prosecutor or the victim or society? • From a law perspective “We prosecute in the name of the state.”

23. Prosecution Dilemma If the prosecutor cannot make a case under a sexual assault law – do we consider using Adult Protective Services Law regarding exploitation? • “Get the Bad Person” VERSUS • At What Cost to the individual – Who decides?

24. Ideas for Prosecutors • Ensure that cases involving victims with intellectual disabilities are handled as fast as possible. • Make sure that victims with disabilities receive support services as they go through the criminal justice process. • Prosecutors can be specially assigned to handle cases involving victims with intellectual disabilities, receiving in-depth training on issues related to victimization of people with intellectual disabilities, attending training, and networking with others in the field.

25. Ideas for Prosecutors (2) • Help make sure that victims with intellectual disabilities are adequately and appropriately prepared for the court process and testifying. • Work in collaboration with state level resources, local teams, advocacy centers, mental health providers, protective services agencies, and victim assistance providers.  • Adapted from: Breaking the Cycle of Violence:Recommendations to Improve the Criminal Justice Response to Child Victims and Witnesses

26. Resource: Job Accommodation Network • Site is actually about work place BUT there are similarities to what we need to know AND it is consistent in its delivery of information across disabilities • http://askjan.org/media/index.htm • Publications and Resources • Accommodations Ideas • disability • http://askjan.org/media/atoz.htm

27. EXAMPLE: Job Accommodations for People with Intellectual or Developmental Disabilities • Cognitive Limitations: Reading • Provide pictures, symbols, or diagrams instead of words • Read written information or provide written information on audiotape • Use voice output on computer • Use line guide to identify or hi-light one line of text at a time

28. EXAMPLE: Job Accommodations for People with Intellectual or Developmental Disabilities • Organization • People with cognitive or intellectual impairments may be disorganized due to an inability to retain information and/or an inability to transfer or apply skills in different work environments. • Minimize clutter • Color-code items or resources • Provide 1-2-3 chart • Divide large tasks into multiple smaller tasks • Label items or resources . Use print labels instead of hand-written labels. Use symbols instead of words

29. Prosecutor Considerations • Evidence • Disclosure • Assistance in Building the Case • Charging Decisions • Meeting Victim Needs • Pretrial Motions and Accommodations • Competency and Qualifying • Jury Selection Taken from: Crime Victims with Disabilities, What the Prosecutor Needs to Know, 2006

30. Justice System Advocacy • The court experience is just one part of the process. • Many people count on the justice system for closure. Many victims believe they will feel better after the process. This is not always the case. • Regardless of the court results - the person needs to be okay - regardless of what happens there - and sometimes in spite of what happens there.

31. Issue: Victim Blaming Victim blamingoccurs when the victim(s) of a crime, an accident, or any type of abusive  maltreatment are held entirely or partially responsible for the transgressions committed against them Definition of Victim Blaming from Wikipedia • Exemplified by questioning: • “Why did you get in the car?” • “Why did you leave the door unlocked?” • “Why did you let the person in?” • “We talked about this you should know better.”

32. Finding Justice: Person/Victim Centered and Be Respectful • Hold the offender accountable. • Remember that the violence was not caused by the person and they should not be blamed. • Be mindful that some people may be blaming the victim.

33. Issue: Fear of Disability • Sometimes society is fearful of people with disabilities because of fear of the unknown. Why? • Fear comes from a lack of knowledge • We fear what we don’t understand • We don’t educate ourselves until we must. • You don’t have meanness on the other side – you have ignorance

34. Victim Centered and Be Respectful • Exposure to people with disabilities can help to increase comfort before the need to serve them as victims arises. • Know that the trauma may have many layers. • Be proactive not reactive. Tips: • Talk to the person directly • If support people are present, Notice who responds first – take time to listen • Build connection • Be honest, encourage others to be honest • Reach a level of Empathy

35. Important to Know • Individuals with intellectual disabilities or a “diagnosis” are often defined by their perceived lack of power. • They are either completely invisible or seen as in need of protection. • People around them have often created a prison of protection. • This “protectionism” sometimes makes them more at risk.

36. Invisible: The Case of Danielle Kelly – A Child Ignored to Death • Ed McCann, prosecutor from Philadelphia Pennsylvania who spoke at the NCVC Conference in in Orlando about Danielle – a child who was ignored to death. This story is all about ATTITUDES with a tragic result. • http://www.phila.gov/districtattorney/pdfs/Grand_jury_DHS_new.pdf

37. Issue: Communication • Frequently the only witness to the crime is the person (the victim). • Getting information from the victim is crucial to inform the investigation, and where possible, to build a case for prosecution.

38. Finding Justice: Person/Victim Centered • All people communicate. • Find out about the persons communication style. • If verbal language is not used, become familiar with the method the person uses.  • Understand the ethics of using an interpreter or facilitator. • Some cases may require some assistance. • Use precautions • Taken from: Victims with Disabilities: The Forensic Interview, OVC, 2007

39. Ideas for Law Enforcement and Forensic Teams • Reduce the number of interviews a person undergoes. • Minimize the number of people involved in a case. • Enhance the quality of evidence discovered for criminal prosecution or civil litigation. • Provide information essential to protection service agencies. • Minimize the likelihood of conflicts among agencies with different philosophies and mandates (Adapted from: Breaking the Cycle of Violence:Recommendations to Improve the Criminal Justice Response to Child Victims and Witnesses)

40. Issue: Justice for All • Recognize the Broader Issues of Justice and People with Disabilities • Civil Rights • Individual Rights • Systems Rights

41. Finding Justice: Empowerment and Self Advocacy • Finding a Voice: It is hard for people with disabilities to have a voice if their rights are not considered important. • Self Advocacy: Self Advocacy is about independent groups of people with disabilities working together for justice by helping each other take charge of their lives and fight discrimination. (Taken from: Advocating Change Together, St. Paul, MN)

42. Build Relationships and Knowledge Benefits of Self Advocacy (2) • “People with disabilities across the country are getting engaged in this work, sharing their stories – as they do that, others are coming forward to share – but as they do that, then others hear them and they come forward to share – however there is no infrastructure within the self-advocacy community to support these individuals and each other as they share their violence issues and victim experiences with others. Need to have an infrastructure to support people.” 1-27-12

43. Personal Lessons Learned • Feeling incompetent is part of the work. • Over time the issues just are different. • The important lesson for me is to always remember to put things in manageable chunks. • Overwhelmed people don’t make changes. • Baby Steps - Never forget that if we quit – we don’t move at all. • Give people the ability to “learn with” • Baby steps become bigger over time.

44. Resource: The Disability and Abuse Project • Website offers: Weekly newsfeed • Listserv – National Resource of Individuals • Resources of books, videos, curricula, articles • National Project Consultant List • Project Director, Nora J. Baladerian, Ph.D. • http://www.disabilityandabuse.org/

45. Resource: Accessing Safety Initiative • Funded by the Office on Violence Against Women, the Accessing Safety Initiative helps organizations and communities meet the needs of women with disabilities & Deaf women who are victims or survivors of domestic violence, sexual assault, & stalking. • http://www.accessingsafety.org/

46. Resource: Self Advocates Becoming Empowered (SABE) • SABE is the self-advocacy organization of the United States and works for the full inclusion of people with developmental disabilities in the community . • Run by a board of self-advocates representing 9 regions • http://www.sabeusa.org/

47. Resource: Leaders with Developmental Disabilities in theSelf-Advocacy Movement • This project explores the life stories of thirteen leaders in the self-advocacy movement and their perspectives on key issues and leadership challenges. • http://bancroft.berkeley.edu/ROHO/collections/subjectarea/ics_movements/self_advocacy.html

48. Resource: ADA Resources • The ADA National Network provides information, guidance and training on the Americans with Disabilities Act (ADA). • Consists of ten Regional ADA National Network Centers located throughout the United States. • 1-800-949-4232 (Voice/TTY) • http://adata.org/

49. Your Knowledge is Power • Just Say Know!: Understanding and Reducing the Risk of Sexual Victimization [Paperback] by Dave Hingsburger • Counselling People with Developmental Disabilities Who Have Been Sexually Abused [Paperback] by Sheila Mansell (Author), Dick Sobsey (Author)

50. Need More? • When you need more than the Five Overarching Principles • National Victim Assistance Standards Consortium Standards (Ethics).