"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

Learning Objectives

1. Understand the Importance of Working Together

2. Identify Five Overarching Principles

3. Have Knowledge of Attitudes and the Effects on Justice

4. Utilize strategies that do not REVICTIMIZE

5. Think about Practical Considerations for Providing Supports and Resources

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.

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.”

Five Overarching Principles

1. Person centered/victim centered

2. Be Respectful

3. Recognize Strengths

4. Build Relationships

5. Knowledge is Power: Don’t Forget what you Already Know Share information

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

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

Issue: A Cascade of Injustices

Knowledge is Power

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

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)

Finding Justice: Be Respectful

Victim Advocate Attitude Armor

Respect

Kindness

Always the Truth

Bring your whole person

Be in the Moment

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.

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.

Finding Justice: Knowledge is Power

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.

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.

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)

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

Issue: Effects of Trauma

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.

There are different kinds of traumas.

People who experience trauma may feel:

Devalued Disconnected Unsafe

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.

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.

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.

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

Justice - by who’s definition

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.”

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. 

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?

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.

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

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

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

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

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

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.

Issue: Victim Blaming

Victim blaming occurswhen the victim(s) ofa crime, an accident, orany type of abusive maltreatment are heldentirely or partiallyresponsible for thetransgressions committed against themDefinition of VictimBlaming 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.”

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.

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 knowledgeWe 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

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

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.

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

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.

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

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)

Issue: Justice for All

Recognize the Broader Issues of Justice and People with Disabilities Civil Rights Individual Rights Systems Rights

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)

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

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.

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/

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/

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/

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

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/

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)

Need More?

When you need more than the Five Overarching Principles National Victim

Assistance Standards Consortium Standards (Ethics).

Three Steps to Work Together and to Better Serve Victims

1. Take Care of Yourself - Sharpen the Saw

2. Support Each Other-Think Win-Win

3. Build Relationships and Knowledge - Synergize

Starfish Story

One day a man was walking along the beach when he noticed a boy picking something up and gently throwing it into the ocean. Approaching the boy, he asked, What are you doing? The youth replied, Throwing starfish back into the ocean. The surf is up and the tide is going out. If I don’t throw them back, they’ll die.

Son, the man said, don’t you realize there are miles and miles of beach and hundreds of starfish?

You can’t make a difference! After listening politely, the boy bent down, picked up another starfish, and threw it back into the surf. Then, smiling at the man, he said I made a difference for that one.

Original Story by: Loren Eisley

Hope, Hope, Hope

For the Victim/Survivor

End Result – Integration of the Experience

Person has what they need for healing (or at least as much as possible) and are on the Road to their own new wholeness.

Healing is possible.

People who CARE

You are the HOPE!

With information and passion you can improve the situation for victims who have disabilities.

Work towards it.

Support people with disabilities who are involved in the work

Support each other.

Hope

“Until the great mass of the people shall be filled with the sense of responsibility for each other's welfare, social justice can never be attained.” -Helen Keller

A Work of Thanks

To all of my colleagues in Arkansas who have helped put this presentation together.

To our statewide advisory committee and our local team for the synergy around serving victims better and what we have learned in the process.

And THANKS to all of the people nationally who have worked tirelessly on this issue.