The Invisible Victims

by Daniel D. Sorensen

People with developmental and other severe disabilities suffer violent crime at an alarming rate. Yet there is very little written or, more importantly, done about it. This is not an abstract problem of trends and statistics, but a brutal reality in the lives of the human beings who are victims of these crimes.

Five women whom I knew, all with intellectual disabilities and in their late 20s and early 30s, lived in a licensed, small family home in a rural town. They were solid citizens, dependable, productive workers, and kind, considerate human beings. And they were all systematically and repeatedly raped and terrorized by the owner of the facility over a 5-year period. When one of these women finally found the courage and opportunity to report these crimes, the District Attorney (DA) refused to prosecute. It was only after the licensing authority secured the testimony of the other women and took the matter to a licensing revocation hearing that the DA agreed to prosecute.

A happy, well-adjusted, shy man in his 30s lived in a small family home. I met with him on occasion an got to know him. He loved taking long walks through the countryside. He had an intellectual disability and limited physical dexterity. He often complained that he woman whose house he lived in did not feed him enough and that she was always trying to save money on the food bill. He died from mushroom poisoning when the care provider collected and served wild mushrooms to him for dinner, apparently to save money. No arrest was made. A friend of mine told me of a woman with a major mental disorder who lived alone in her own apartment. Her condition worsened until she was unable to care for or protect herself. First one man then others noticed her vulnerability and forced their way into her apartment and raped her. No arrests were made in this case.

The stories of crime victims with developmental and other severe disabilities are powerful and usually do not end with the arrest or prosecution of perpetrators. But are they isolated events, a "fair share" of violent crime reported so widely in our society, or are they part of a pattern of substantially higher rates of violent crime against a more vulnerable population?

In study after study, rates of violent crime against people with developmental or other severe disabilities are found to be 4 to 10 or more times higher than the rate against the general population. The rate of sexual assault is particularly chilling. One study found that 83% of women and 32% of men with developmental disabilities in their sample had been sexually assaulted (Hard, 1986). Other studies have found from 86% to 91% of women in their samples had been sexually assaulted. Another study found that of those who were sexually assaulted, 50% had been assaulted 10 or more times (Sobsey & Does, 1991). These rates compare with 13% for sexual assault for women in the general population.

These dramatically higher rates of sexual assault are consistent with the experience of a clinical psychologist who treats victims with developmental disabilities. She reports that she must not only help the victim deal with the latest sexual assault, but must also help her become better able to deal with the probability of future assault. And it is not just sexual assault that occurs more frequently. Another study found that people with intellectual disabilities were robbed 12.8 times more often than people without disabilities (Wilson & Brewer, 1992). The most comprehensive treatment of these issues can be found in Dick Sobsey's book, Violence and Abuse in the Lives of People with Disabilities.

The great mystery is why people with disabilities and their advocates have been so silent about this epidemic of violence directed against them. Many people with disabilities or their family members have told me that they suspect that the reason they have been so slow to recognize this problem is that it is too painful to face the possibilities. The fact that the criminal justice system, the media, and academia have generally failed to inform us of the problem may often make that process of emotional avoidance moot. The police, prosecutors, victims' movement, and courts, as well as most service professionals and providers, are largely unaware of this problem.

People with developmental or other severe disabilities comprise over 10% of the population. If they were experiencing violent crime at the same level as the general population, then 10% of such police and prosecutorial cases would involve victims with severe disabilities. During a recent training session in California, 85 prosecutors and detectives who worked on sexual assault cases in one California county were asked if any of them had 5% of their caseload that involved victims with severe disabilities. No one did. At 1% two people did. This is consistent with the results found in a number of studies.

Using a very conservative rate of four times the general rate of violent crime for people with developmental or other severe disabilities, just under one-third of all police and prosecution cases of violent crime should involve victims with severe disabilities. The police, prosecutors, and courts are not bringing perpetrators of these crimes to justice at anywhere near the rate that they do perpetrators of violence against people without disabilities.

People with disabilities, their families, and advocates are beginning to speak out about this problem. There is new and vigorous activity by people with disabilities and their families in California, Pennsylvania, Texas, New Mexico, and other states. It appears to be gathering momentum, an inevitable momentum. As the general public learns about this, there will be growing demand that the criminal justice system take effective action to provide equal protection and equal justice. This will happen because people who have loved ones with disabilities and people with disabilities themselves have no choice but to demand it with whatever persistence and energy it takes.

California has attacked this problem by forming a working partnership between people with disabilities, their families, and advocates, professionals, service providers, and organizations representing all the elements of the criminal justice system. We all have the opportunity to help establish or join in such partnerships to help lead in the reforms and adaptations that this problem will demand. It is an opportunity that needs to be taken.