The Rape Survivor with an Intellectual Disability vs. the Court

Dados Bibliográficos

ID11012018
AutoresAnthony L Pillay (0000-0001-8812-163X, University of KwaZulu-Natal, autor correspondente)
Ano2012
Volume42
Fascículo3
Páginas312-322
Data de publicação2012-09-01
Peer ReviewedSim
Open AccessSim
TipoARTICLE
PeriódicoSouth African Journal of Psychology (JOURNAL)
Identificadores do periódicoISSN: 0081-2463 • E-ISSN: 2078-208X
EditoraSAGE Publications (PUBLISHER • US)
DOI10.1177/008124631204200303
OpenAlexW2318847755
IdiomaEN
Citações recebidas9
Referências citadas18

Crimes of sexual violence are known to result in rather difficult court experiences for survivors, and the conviction rates are also disappointingly low. These issues, however, are compounded when the rape survivor has an intellectual disability. Courts seem to require more of them than they do from non-disabled survivors. The paper discusses the hurdles faced by intellectually disabled complainants when attempting to give evidence against those accused of assaulting them. Their competency as witnesses is questioned, as is their ability to take the oath, and their understanding of such abstract concepts as ‘truth’ and ‘lie’ are interrogated. The paper also examines some of the international perspectives on this matter, although there is little research done specifically on intellectually disabled adult rape survivors. The extent to which current approaches are fair, and in line with basic human rights, is raised since access to the courts ought to be made easier, rather than more difficult for those with intellectual disabilities

Conviction · Criminology · Intellectual disability · Oath · Political science · Psychiatry · Sexual violence · Criminal Justice and Corrections Analysis · Law · Psychology · Sexual Assault and Victimization Studies · Torture, Ethics, and Law