Interviewing and Deposing Survivors of Sexual Crimes Who Have Intellectual Disabilities
To be effective advocates, attorneys must be properly trained to interview and depose this survivor population.
November 29, 2021 at 10:00 AM
5 minute read
Individuals with intellectual disabilities (ID) are the most likely victims of sexual assault. To be effective advocates, attorneys must be properly trained to interview and depose this survivor population.
Even before a sexual assault becomes a "case", many reporting hurdles face these survivors:
- Even if these survivors are capable of making a report, their credibility may be questioned simply because of their disability.
- If the survivor is living exclusively with a community caregiver who may also be the perpetrator, there may be limited opportunities to make a report. Indeed, survivors may be putting themselves at risk by even attempting to report.
- The person taking the report may not have the necessary skills to conduct the interview correctly.
Clients with intellectual disabilities, like many survivors of sexual abuse, may be unsure of what to do following an assault. Sadly, oftentimes the abuser is either living in close proximity to the client, or has a certain level of psychological and physical control over the victim due to their particular vulnerability. This can create an uphill battle for survivors deciding to disclose their abuse, especially considering that clients with intellectual disabilities may not have received the same type of sexual education as a client without intellectual disabilities.
Even when speaking with their own attorneys, these survivors may hesitate revealing all of the details of their ordeal. They may not understand that the answers to their attorney's questions may or may not remain confidential. In fact, the attorney cannot always provide their clients with firm answers about how their revelations will be used. Moreover, the attorney cannot guarantee how an opposing attorney or the court will use the information. However, attorneys who are mindful of their ability to effectively communicate, gain trust, and practice empathically with these clients will improve their ability to successfully interview survivors with intellectual disabilities.
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