
Volume 6, Number 1, Winter
2006
Victims with Disabilities Face Unique Challenges
When Anita left her abusive husband Ed, she found that
escaping his violence would not be easy. She moved her two children into an
apartment and sought expert advice on how to start a new life. She obtained an
order of protection, a divorce, and full custody of her children. As she
struggled to free herself from Ed, he began stalking her. Anita finally moved to
anew city and even changed her name. Yet one
afternoon when she picked up her children, Ed was waiting outside the school.
Alarmed and frustrated, she prepared to flee again.
Anita's plight is hardly unique.
Abusers often become stalkers. And stalkers tenaciously pursue their victims.
Yet Anita's story is somewhat unusual. In her case, the stalker had little
trouble finding his ex-wife because she has a disability: she is
deaf.1 To locate Anita, Ed (who is also deaf) simply contacted the
Social Security Administration to "inquire" whether the Security Disability
Insurance (SSDI) checks his children receive as this dependents were reaching
them. In answering Ed's question, the agency gave him Anita's new
address.
Victims with
Disabilities
Anita's difficulties in escaping
her ex-husband suggest the complex challenges that stalking victims with
disabilities face. Stalkers may target these victims because of their
disabilities or exploit their disabilities in committing crimes. Victims face
formidable burdens in protecting themselves, unique barriers to reporting, and
difficulty accessing or receiving victim services.
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How to Work
with Victims
with Disabilities
- Consult disability
agencies and victims with disabilities when devising your community's
response to stalking.
- Collaborate with
disability services agencies to provide training for criminal justice
professionals and victim service providers on best practices for working
with people with disabilities. Train disability rights workers to
recognize and address stalking.
- Use targeted outreach and
appropriate services (e.g., use inclusive language and symbols in
organization materials and provide the local Telecommunications Relay
Service (TRS) with a current list of victim service
hotlines).
- Observe Americans with
Disabilities Act requirements. Compliance with the law helps victims
with disabilities and protects government agencies and government-funded
organizations from liability for
discrimination.
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Approximately 20 percent of
non-institutionalized Americans have a disability.2 And people with
disabilities suffer alarming rates of victimization. Women with disabilities
experience the highest rate of personal violence- violence at the hands of
spouses, partners, boyfriends, family members, caregivers, and strangers-of any
group in our society today.3 Of the 200 women with physical and
cognitive disabilities who responded to a 2002 survey, 67 percent reported
having experienced physical abuse, and 53 percent of the women reported having
experienced sexual abuse.4 Some researchers believe that 90 percent
of people with developmental disabilities will at some point in their lives be
the victims of sexual assault and that only 3 percent of these crimes will be
reported.5
Vulnerability to
Stalking
Given the level of physical
violence experienced by people with disabilities, as well as the established
link between intimate partner violence and stalking,6 it is highly
probable that people with disabilities experience significant levels of
stalking. While the Stalking Resource Center has found little research to
establish the prevalence of stalking among people with disabilities, our
experience suggests that stalking is likely to occur in this population. In this
article, we attempt to lay the groundwork for such research, to elicit feedback
from providers who may have served such victims, and to explore the best ways to
help them.
Offender
Manipulation
People with disabilities are
particularly vulnerable to stalking because they are sometimes perceived to be
easier to control than other victims. "The balance of power in all abusive
relationships shifts very subtly," says Debora L. Beck-Massey of the Domestic
Violence Initiative for Women with Disabilities in Denver, Colorado, "so more and
more of the control, decision making, and options slide toward the batterer's
side." Abusers of people with disabilities often control victims' access to
basic necessities such as food and transportation to increase their
dependence.
If the relationships end, these
abusers are particularly well equipped to stalk the victim. They have access to
a significant amount of personal information, such as bank account numbers,
passwords, and Social Security numbers, which they can use to take money from
victims or to prevent them from accessing their funds. They are familiar with
victims' work arrangements and any special transportation systems victims use.
These controlling behaviors, as part of an overall pattern of conduct, produce
substantial emotional distress and are likely to cause fear in the
victim.
Protection
Problems
Stalking victims often have great difficulty protecting
themselves and their families. They may have to change their entire lives-move
to a different community, change jobs, alter their physical appearance, and even
change names-all to avoid their offender's next move. "For stalking victims with
disabilities," said Beck- Massey, "the very systems they rely on for support-for
transportation, financial support, or services-may increase their
vulnerabilities." Ed used the SSDI system to track Anita because she relied on
SSDI support for her children. A victim with a disability living in
government-subsidized housing may find it impossible to move quickly, even to
escape a dangerous situation, because of six- to twelve-month waiting periods
for apartments in such facilities.
Barriers to Reporting and
Receiving Services
Stalking victims with disabilities confront the same
barriers to reporting the crime (such as fear of not being believed) that most
victims face. In addition, victims with disabilities have to contend with
physical or social isolation, impediments to communication or mobility, or
physical or financial dependence on a caregiver who may also be the
perpetrator.8 For example, a victim who is housebound because of her disability
may never sufficiently escape her caregiver to be able to report her
victimization to law enforcement.
Victims are also vulnerable to stalkers' exploiting their
disabilities to avoid criminal justice intervention. For example, a stalker may
escape being investigated as a suspect by posing as a concerned friend checking
up on a victim. Or, if a victim has a developmental disability and an
investigating officer finds two differing versions of events-one from a woman
who seemed confused and another from a coherent, ostensibly concerned "friend"
of the victim-the officer might be easily convinced that the victim was not
victimized at all. Stalkers can also pressure victims to drop charges by
threatening them in ways that, absent the context of a disability, might seem
less malignant. For example, by canceling a victim's food delivery or
transportation to a crucial doctor's appointment, a stalker can remind the
victim that he can control her life.
Stalkers can also exploit the
victims' reliance on assistive technologies, such as Text Telephone (TTY)
machines and e-mail. For example, a stalker who is able to hack into the
victim's e-mail or gain access to her TTY machine can pose as the victim to
interfere with communications with her victim advocate or the police department
(e.g., posing as the victim, the stalker requests that the police discontinue
their investigation of the stalking case).
Identifying Needs and Providing
Effective Services
For all stalking victims and
victim advocates, recognizing the problem is half the battle. Criminal justice
professionals and victim service providers must first know who in our
communities may be at most risk for being victimized. Then, to improve their
responses, they must identify the barriers to reporting crime and accessing
services for these victims.
Conclusion
Victim advocates, criminal justice agencies, and disability
rights workers should take a closer look at the complex and challenging needs of
stalking victims with disabilities. Researchers would benefit from studying the
incidence of stalking among these victims, and victim service providers and
criminal justice professionals could use the resulting knowledge to improve
their response to victims with disabilities.
The Stalking Resource Center would appreciate hearing from
providers who have worked with such victims, and we welcome information on
appropriate best practices, protocols, or policies. To share information with
the SRC or to learn more about stalking, please contact us at
src@ncvc.org.
1 The Stalking
Resource Center (SRC) recognizes the unique culture of the deaf community and
the desire of its members to be independently identified. However, for the
purposes of this brief article, the SRC adopts the Americans With Disabilities
Act (ADA) definition of an individual with a disability as "a person who has a
physical or mental impairment that substantially limits one or more major life
activities,…who has a history or record of such an impairment, or …who is
perceived by others as having such an impairment." Examples included in the
ADA definition
include orthopedic, visual, speech, and hearing impairments, as well as many
other conditions.
2
U.S.
Census
Bureau, "Disability Status: 2000," Census 2000 Brief (March 2003), http://www.census.gov/prod/2003pubs/
c2kbr-17.pdf, (Accessed October 31, 2005).
3W. Abramson et al.,
eds., "From the Editors," Impact: Feature Issue on Violence Against
Women with Developmental or Other Disabilities 13, No. 3 (2000),
http://ici.umn.edu/products/impact/ 133,
(Accessed: October 31, 2005).
4 L.E. Powers and M.
Oschwald, "Violence and Abuse Against People with Disabilities: Experiences,
Barriers and Prevention Strategies," Center on Self-Determination, Oregon
Institute on Disability and Development, Oregon Health and Science University,
Citing: L.E. Powers, M.A. Curry, M. Oschwald, S. Maley, M. Saxton, and K.
Eckels, "Barriers and Strategies in Addressing Abuse: A Survey of Disabled
Women's Experiences," Journal of Rehabilitation 68, No.1 (2002):
4–13.
5 D. Sobsey and T.
Doe, "Patterns of Sexual Abuse and Assault," Sexuality and Disability
9, No. 3 (1991): 243-259; and C. Tyiska, "Working with Victims of Crime with
Disabilities," Office for Victims of Crime Bulletin, (Washington, DC: U.S.
Department of Justice, 1998).
6 M.B. Mechanic et al., "Intimate Partner Violence and Stalking Behavior:
Exploration of Patterns and Correlates in a Sample of Acutely Battered Women,"
Violence and Victims 15, No. 1 (2000):
55–72.