The Rape Survivor with an Intellectual Disability vs. the Court

Bibliographic Data

ID11012018
AuthorsAnthony L Pillay (0000-0001-8812-163X, University of KwaZulu-Natal, corresponding author)
Year2012
Volume42
Issue3
Pages312-322
Publication date2012-09-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueSouth African Journal of Psychology (JOURNAL)
Journal identifiersISSN: 0081-2463 • E-ISSN: 2078-208X
PublisherSAGE Publications (PUBLISHER • US)
DOI10.1177/008124631204200303
OpenAlexW2318847755
LanguageEN
Citations received9
References cited18

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