Laws That Protect Disabled Victims
A number of laws discussed in prior modules also apply to people with disabilities, including the Violence Against Women Act, the Child Abuse Prevention and Treatment Act, and the Child Protection Act. In addition, parts of other laws not yet discussed apply to the disabled. Many broad nonvictimization laws, like the Fair Housing Act, also have sections that address nondiscrimination against the disabled and include provisions to ensure that they are accommodated. For example, the Voting Accessibility Act ensures that the elderly and the disabled have access to polling stations and other special accommodations when voting to ensure they are not disenfranchised or discriminated against.
The Violence Against Women Act established provisions for intimate partner violence against disabled women. As pointed out by Breiding and Armour (2015), both disabled men and women are at greater risk for intimate partner victimization. They suggest that prevention efforts include targeting the disabled population because of this greater risk. The act includes a grant program to improve state and local training, services, and access to safe and effective services for disabled individuals. The act also provides an outreach grant for nonprofits, targeting underserved populations, which includes the disabled. Both grants aim to improve access to victimization services for the disabled.
The Americans with Disabilities Act requires accommodations for people with disabilities in all areas of public life in order to provide them the same opportunities as everyone else. This
includes ensuring accommodations for disaster and crime victims. Many people who work as victim advocates are not aware that these requirements apply to shelters, emergency housing, and other interventions that crime victims might need. Image: Deaf section for Hurricane Katrina evacuees at the Houston Astrodome. Authored by: Andrea Booher. Source: https://commons.wikimedia.org/wiki/File:FEMA_-_15320_- _Photograph_by_Andrea_Booher_taken_on_09-10-2005_in_Texas.jpg. License: CC-0
The Americans with Disabilities Act (ADA), passed in 1990, ensures the civil rights of all disabled persons (similar to that of the Civil Rights Act). It covers equal opportunities in state and local government services, public accommodations, employment, education, transportation, and telecommunications. Because law enforcement, the courts, corrections, and social services fall under state and local governments, they are required to comply with the requirements of the ADA. Issues in law enforcement interactions may occur when the officer does not realize a person is disabled and thinks they are just not complying. The officer has a responsibility to determine the person’s ability to respond and change their interaction techniques accordingly, as opposed to assuming noncompliance and using force. In 2006, the U.S. Department of Justice Civil Rights Division developed guidance to increase police awareness of disabilities and to promote proper training for law enforcement on how to interact with the disabled and ensure ADA compliance. Much of this training is still being developed, and issues between law enforcement and the disabled continue today.
Crime Victims with Disabilities Awareness Act, passed in 1998, was supposed to raise awareness of the issues facing crime victims with cognitive disabilities. The act mandates the collection of data on victimization in order to create stronger protections and new strategies to reduce victimization among this population. The act has increased the amount of data available for studying victims with disabilities.
The Civil Rights of Institutionalized Persons Act (1980) allows the Department of Justice to investigate and correct serious deficiencies that impact the health and safety of institutionalized persons, including the disabled. As discussed earlier, disabled people who are institutionalized or in prison are more likely to be victimized. Facilities covered by this act include public nursing homes, mental health facilities, state and locally operated jails and prisons, juvenile correctional facilities, and institutions for individuals with intellectual disabilities. It does not cover private facilities, which is becoming problematic as the use of private detention centers and nursing homes becomes more common (FindLaw, n.d.).
Although laws protect the disabled, clearly a need exists for more training and programs to assist the disabled. More work is needed within the community to inform the disabled about their rights and the services they can receive if they are victimized. Improvements to the criminal justice and social service systems could help ensure disabled victims feel like they will be heard if they report a crime. Improvements in detecting abuse, especially for those who are isolated in facilities or by caregivers, may reduce the risk of victimization among the disabled.