BARRIER FREE JUSTICE PROJECT SHIELD For people from the disabled and deaf communities who are survivors of domestic

1. BARRIER FREE JUSTICE& PROJECT SHIELDFor people from the disabled and deaf communities who are survivors of domestic violence and/or sexual assault

2. Who we are Barrier Free Justice Kings County District Attorney�s Office Barrier Free Living South Brooklyn Legal Services Project Shield Kings County District Attorney�s Office YAI/National Institute for People with Disabilities

3. What we do Improve access to the criminal justice system for women with cognitive, physical or psychiatric disabilities through: Direct practice & victim assistance Training prosecutors, police, social workers, advocates, community groups, consumers, as well as many others Conducting Advisory Council meetings, Task Force meetings and an Annual Conference

4. Who we serve People with disabilities including: Developmental Disabilities Mental Retardation Cerebral Palsy Epilepsy Autism Other Neurological Impairments (e.g. Tourette Syndrome ) Physical Disabilities Psychiatric Disabilities/Mental Illness Visual Impairments Deaf/Hard of Hearing AIDS Substance Abuse in recovery

5. How Barrier Free Justice Works At the Kings County DA�s Office: Cases are flagged where the victim has a disability (in ECAB or through the intake forms) Barrier Free Justice social worker is called or beeped regarding the case The social worker teams with the assigned Assistant District Attorney to create a more accessible, knowledgeable and consistent team Referrals are made to Barrier Free Living and/or South Brooklyn Legal Services for services At Barrier Free Living and South Brooklyn Legal Services: Clients with disabilities who disclose that they are victims of abuse and/or crimes are informed about Barrier Free Justice Inter-agency collaboration allows for a smoother, more accessible prosecutorial process

6. How Project Shield Works Project Coordinator at the DA�s Office conducts outreach to community groups, social service providers, police precincts, ADAs, and consumer groups about training around the issue of sexual assault and IDD (intellectual and developmental disabilities) Project Coordinator at DA�s Office and Project Partner at YAI/NIPD conduct trainings throughout the NYC area, raising awareness of the issue and sharing knowledge about how to most effectively address the issue

7. Goals of Training Awareness raising about the intersection of disability and abuse Upgrading skills and attitudes Myth debunking Interviewing techniques for working with victims with disabilities Education about criminal and family court

8. Reasons for Barrier Free Justice/ Project Shield Research shows that women with disabilities are: targeted for abuse 99% of physical and sexual assault perpetrators are known to the victim and are often an integral part of her daily life (MCASA, 1999) at higher risk of abuse than those who do not have disabilities Women with developmental disabilities are 10.7 times more likely to be sexually assaulted than other women (Wilson and Brewer, 1992) 15,000 to 19,000 people with developmental disabilities are raped each year in the United States (Sobsey, 1994)

9. Reasons, continued revictimized More than 70% of women with IDD had been sexually assaulted; nearly 50% of women with IDD sexually assaulted 10 times or more in their lifetime (Sobsey and Doe, 1991) vastly under-represented in the criminal justice system An estimated 90% of men and women with developmental disabilities will be sexually victimized in their lifetime, with 3% of the assaults reported (Sobsey and Doe, 1991; Tysika, 1998) in need of more advocacy In a 1996 survey of women with disabilities, 92% ranked violence a their top priority for research affecting their lives (Doe, 1997)

10. Disabilities and Abuse: Perpetrators Who are the perpetrators? Vast majority are known to the victim

11. Disabilities and Abuse: Vulnerability/Risk Factors Proximity/Exposure to Motivated Offenders Isolation Lack of economic independence Less defended against victimization � access to criminal justice systems is unequal Issues of power and control: power differential exaggerated in relationships in which one person has a disability

12. Vulnerability/Risk Factors, continued Assistance with daily bodily needs can make it difficult to distinguish between �bad touch� and �good touch� Difficulty in finding and securing adequate personal care assistants People with disabilities are often encouraged to be trusting and compliant Fear of not being believed Inadequate education around issues of personal safety and sexuality

13. Disabilities and Abuse: Myths and Stereotypes Individuals with disabilities �asexual,� don�t have romantic relationships Reluctance to work with people with disabilities Individuals with disabilities not seen as �credible� witnesses Caretaker as �saint� General misunderstanding/fear of disability

14. Obstacles within the criminal justice system� Discrimination Lack of knowledge, understanding and experience High caseloads For Deaf women: Hearing people do not recognize the huge language and cultural gap; vast misinformation about ASL; Orders of Protection can be violated via TTY For women with a developmental disability: corroboration requirement, issues of consent For women with mental illness: disbelieved

15. �and obstacles outside the criminal justice system Discrimination, denial and ignorance People with disabilities are often devalued, ignored, isolated, asexualized, forced to comply Lack of appropriate services for people with disabilities, including sexual education Abuser is often the caregiver, family member or a known person to the victim Wishes of loved ones and/or authority figures vs. wishes and/or the rights of the survivor

16. Aspects of abuse unique to individuals with disabilities Withholding medication Denying needed supports (toilet, food) Making the telephone physically unreachable Destroying/immobilizing needed supports: crutches, wheelchairs, TTY, hearing aid� Abuse of service animals Controlling the person�s SSI/SSD/income Telling the individual that they are �crazy�; that the abuse never happened; that nobody will believe them Forcing a person to use drugs

17. Barriers to leaving an abusive situation Difficulty reporting abuse Lack of domestic violence shelters accessible to people with disabilities Lack of understanding of domestic violence in organizations that work with people with disabilities, and vice versa Discrimination within the criminal justice system Isolation Fear of losing children Fear of losing caretaker Fear of institutionalization/nursing home placement Fear of losing/securing accessible housing

18. Important points to remember:Interview information and techniques The interview may take more time than other interviews. Take as much time as the survivor needs: be patient with him/her and remember not to look at your watch. It is important that you do not coach the victim while they are recounting what happened. Do not rephrase your questions quickly. Remember to use age-appropriate language. Explain terms that someone who does not work in your field may not know (e.g., testify, consent, forensic evidence kit, etc.) Keep questions open-ended and short, simple and concrete. It is important to stop and ask �How are you doing?� and �Do you have any questions?� frequently throughout the interview.

19. Screening/Interviewing techniques: Asking about a person�s disability Sample questions: �Is there anything I need to know about you to be able to provide the best services possible?� �Do you have any health issues that can become dangerous if neglected, such as diabetes, epilepsy, skin sores, cancer, or heart disease?� (excerpted from Hoog, 2004). Ask about medications, SSI � those answers will serve as a guide, as well

20. Screening/Interviewing techniques: Asking about abuse Don�t be afraid to ask the question directly, but respect that a person may find it difficult/ uncomfortable to disclose Sample questions � Physical abuse: �Have you ever been strangled, hit, kicked, punched or shoved by someone in the past? When was the last time ____ occurred?� �Has anyone ever prevented you from taking your medication, hidden it, given you too much or too little?�

21. Asking about abuse, continued Sexual abuse: �Has anyone ever forced you to do sexual things [or done things to you] that made you feel ashamed, embarrassed, or uncomfortable?� �If your partner wants to have sex, do you feel that you can say no?�

22. Asking about abuse, continued Emotional/psychological abuse: �Has anyone broken or disabled anything that you rely upon to be independent, such as your crutches, your wheelchair or scooter, your TTY, hearing aids, or other assistive devices you need?� �Has anyone refused to or neglected help with an important personal care need, such as going to the bathroom, eating, drinking, or taking medication on schedule?� �Has anyone made it difficult for you to see friends or family or to go to school or work?�

23. Asking about abuse, continued Financial abuse: �Does anyone have control over your money or property?� �Has anyone stolen your money or property, demand you turn over your paycheck or public benefits, or forged checks?� (Excerpted from: Building Bridges: A Cross-Systems Training Manual for Domestic Violence Programs and Disability Service Providers in New York; Empire Justice Center, 2006)

24. What to do if abuse is disclosed: Intervention Early intervention Safety planning: locks changed, VINE, cell phones, voicemail, Threat Assessment Attorney-survivor-social worker team Needs assessment (ASL interpreters, transportation, etc.) Crisis intervention, counseling, case management (housing, benefits, etc.) Criminal legal advocacy, preparation to testify & for cross-examination Civil legal advocacy, preparation for family court

25. Safety Planning Will vary depending on nature of disability and the victim�s specific circumstances Phone vs. TTY Physical escape may be difficult or impossible Isolation due to disability and/or abuser exploitation Access to medications, etc. in the event of an emergency SSI/SSD info

26. Why is collaboration important? Provides survivors with a comprehensive, organized support network: no single agency can meet all of the needs of a person with a disability who is a domestic violence survivor. With collaboration, however, many needs can be met. Coordination of services Advocacy: micro and macro Training/outreach

27. Important points to remember If you are having difficulty getting information from the victim, you can call the police, go to the hospital or call us directly. You are not alone in this. It�s okay if you don�t have all of the information about what happened. The police will also interview the victim. The victim will be interviewed a number of times and by different people. It might be better for the victim if you stay with him/her throughout the whole process if your agency allows. The victim may have been told that she is a failure or has failed numerous times in her life. She may think this is her fault for failing to stop the abuse. The survivor may need assistance with communication or other assistive devices. It�s important to know yourself: Prejudice Personal values Personal experiences Limits and boundaries

28. What you can do Explore abuse routinely�this may be the best or only method of identifying abuse Assist victims in expressing their experiences, needs and opinions, even when they change. Partner with the victim when navigating the systems involved in reporting and/or prosecuting a crime. Conference cases with your supervisor or colleagues. Be persistent. Educate others about abuse. Remember that your job is invaluable to the victim and to the prosecution.

29. Contact Information Barrier Free Justice Kings County District Attorney�s Office Heidi Pascuiti, LMSW Voice (718) 250-3609; TTY (718) 250-2338 reedc@brooklynda.org Barrier Free Living Molly Burke, LMSW TTY and voice (212) 533-4358 mollyb@bflnyc.org South Brooklyn Legal Services Lauren Shapiro, Director - Family Law Unit (718) 237-5572 laurens@sbls.org

30. Contact Information - continued Project Shield Kings County District Attorney�s Office Catherine Reed, LMSW (718) 250-3391 reedc@brooklynda.org YAI/National Institute for People with Disabilities Bobra Fyne, CSW (212) 273-6202 bobra.fyne@yai.org