Witness competency in people with mental retardation: Implications for prosecution of sexual abuse

Valenti-Hein, Denise; Schwartz, Linda D.

doi:10.1007/bf01102173

Cited by 33 publications

(36 citation statements)

References 9 publications

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“…This is reflected in some clichés about persons with intellectual disability that suggest they would not be capable of making up complex lies and, therefore, would be more believable (Bottoms, Nysse-Carris, Harris, & Tyda, 2003). These clichés carry a negative charge, however, that results in persons with ID being viewed as witnesses who are less credible and less capable of giving valid testimony (Henry, Ridley, Perry, & Crane, 2011;Peled, Iarocci, & Connolly, 2004;Sabsey & Doe, 1991;Stobbs & Kebbell, 2003;Tharinger, Horton, & Millea, 1990;Valenti-Hein & Schwartz, 1993), which makes persons with ID more vulnerable to crimes (González, Cendra, & Manzanero, 2013). Peled et al (2004) explored the perceived credibility of young persons with ID who were required to give testimony in a legal setting.…”

Section: Introductionmentioning

confidence: 99%

Evaluating the Credibility of Statements Given by Persons With Intellectual Disability. [Evaluación de la credibilidad de relatos de personas con discapacidad intelectual]

et al. 2015

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Título: Evaluación de la credibilidad de relatos de personas con discapacidad intelectual. Resumen: El objetivo del presente trabajo consistió en analizar las características diferenciales de los relatos emitidos por víctimas reales y simuladas con discapacidad intelectual ligera y moderada mediante el procedimiento de análisis de credibilidad de Control de la Realidad (RM). Dos evaluadores entrenados en los procedimientos de análisis de credibilidad mediante criterios de contenido evaluaron 13 relatos verdaderos y 16 relatos falsos. Los resultados encontrados muestran que existen pocas diferencias entre los dos tipos de relatos. Los únicos criterios que resultan significativos para discriminar entre los dos tipos de relatos son la cantidad de detalles y la longitud de las declaraciones espontáneas obtenidas mediante recuerdo libre. Ninguna de las características fenomenológicas examinadas resultó significativa para discriminar entre víctimas reales y simuladas. La representación gráfica mediante visualización hiperdimensional (HDV) considerando conjuntamente todos los criterios muestra una gran heterogeneidad entre relatos. Un análisis de conglomerados permitió clasificar los dos tipos de relatos con una probabilidad de acierto del 68.75 por ciento. Palabras clave: Evaluación de credibilidad; discapacidad intelectual; criterios de contenido; testimonio; visualización hiper-dimensional. Abstract:The objective of this study was to analyze the features that distinguish statements given by actual and simulated victims with mild to moderate intellectual disability, using the credibility analysis procedure known as Reality Monitoring (RM). Two evaluators trained in credibility analysis procedures using content criteria evaluated 13 true statements and 16 false statements. The results obtained show that there is little difference between the two types of statements when analyzed on the basis of content criteria using the RM procedure. The only criteria that proved to be significant for discriminating between the two types of statements were the amount of details and the length of spontaneous statements obtained through free recall. None of the phenomenological characteristics studied turned out to be significant for discriminating between actual and simulated victims. Graphic representation using high-dimensional visualization (HDV) with all criteria taken into consideration shows that the two types of statements are quite heterogeneous. Cluster analysis can group cases with a 68.75% chance of accuracy.

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Section: Introductionmentioning

confidence: 99%

Evaluating the Credibility of Statements Given by Persons With Intellectual Disability. [Evaluación de la credibilidad de relatos de personas con discapacidad intelectual]

et al. 2015

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“…Moreover, existing research and knowledge about IDs and prostitution is generally insufficient and understandings of the problem are frequently anecdotal in nature (see e.g., Brunovskis and Surtees 2007;Lewin 2002;McCarthy 2000; The National Board of Health and Welfare 2008). Overall, a picture based on reports from care providers and professionals in the criminal justice system, emerges of persons with ID as unreliable or incompetent witnesses, (Sanders et al 1997;Valenti-Hein and Schwartz 1993). In particular, women with ID are often described as having negative experiences with police officers, thus discouraging them from future contact with authority figures (Sanders et al 1997).…”

Section: Introductionmentioning

confidence: 99%

The ideal victims? Women with intellectual disability as victims of prostitution-related crime

Kuosmanen¹,

Starke

2013

Scandinavian Journal of Disability Research

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In Sweden several recent prostitution-related offences where the victims were women with intellectual disabilities (IDs) have created problems for criminal investigators and prosecutors. Based on court documents and interviews with police, prosecutors and social workers, and drawing upon Christie's notion of the 'ideal victim', four legal cases were analysed. Obtaining solid witness accounts from the victims was usually difficult. Several had a personal relationship with the defendant and were initially reluctant to provide a proper witness statement. Different types of psychological, social, and cognitive support had to be arranged to facilitate the process. As the analysis shows, there is a clear need to improve the skills and methods of professionals working within the legal system to ensure that the rights of individuals with IDs are properly met within the justice system, and that the quality of the police's work with them can stand up to scrutiny.

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“…Estimates of sexual victimisation of the mentally retarded population ranges from 14% to 96% or 4 to 10 times the rate of the non-disabled population. 2 Only 3% of cases of sexual abuse involving people with developmental disabilities are reported to authorities. 2 The lack of reporting makes it difficult to assess accurately the incidence of such crimes.…”

Section: Introductionmentioning

confidence: 99%

“…2 Only 3% of cases of sexual abuse involving people with developmental disabilities are reported to authorities. 2 The lack of reporting makes it difficult to assess accurately the incidence of such crimes. 2 Rape is one of the most severe of all traumas, causing multiple long-term negative outcomes such as anxiety disorders, mood disorders and chronic physical health problems.…”

Section: Introductionmentioning

confidence: 99%

“…2 The lack of reporting makes it difficult to assess accurately the incidence of such crimes. 2 Rape is one of the most severe of all traumas, causing multiple long-term negative outcomes such as anxiety disorders, mood disorders and chronic physical health problems. 3,4,5 Sexual abuse is a significant risk factor for the development of psychopathology in childhood, adolescence and adulthood.…”

Section: Introductionmentioning

confidence: 99%

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Clinical factors associated with rape victims’ ability to testify in court: a records-based study of final psychiatric recommendation to court

Phaswana

Westhuizen²,

Krüger³

2013

Afr. J. Psych

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Objective: A rape victim may encounter professionals in both the health and the legal systems. Unanswered questions remain about clinical factors associated with a rape victim's ability to testify in court, and the quality of care offered to rape victims. The objectives of this study were thus to determine the clinical factors that are associated with a rape victim's ability to testify in court, as well as to undertake a preliminary exploration of the referral system between the court and the mental health services. Method: A retrospective study was conducted of rape victims referred by the court (n=70) to be assessed psycho-legally by psychiatrists. Rape victims who were recommended as able and those recommended as unable to testify in court were compared with regard to their clinical characteristics. Results: Thirty-seven (53.6%) victims were recommended as able to testify and 32 (46.4%) victims as unable to testify in court. Victims from rural areas and victims with severe mental retardation were statistically significantly more often found to be unable to testify in court. Almost half (49.2%) of the victims were referred by court for first assessment within six months of being raped. Most (63.5%) victims were assessed for the first time within one month of being referred. Conclusion: The decision about a victim's ability to testify should not be based solely on the two statistically significant variables but, rather, individualised. Optimal mental health and legal services should be offered to rape victims. Further studies are required in assessing the collaboration between the health and legal systems.

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Witness competency in people with mental retardation: Implications for prosecution of sexual abuse

Cited by 33 publications

References 9 publications

Evaluating the Credibility of Statements Given by Persons With Intellectual Disability. [Evaluación de la credibilidad de relatos de personas con discapacidad intelectual]

Evaluating the Credibility of Statements Given by Persons With Intellectual Disability. [Evaluación de la credibilidad de relatos de personas con discapacidad intelectual]

The ideal victims? Women with intellectual disability as victims of prostitution-related crime

Clinical factors associated with rape victims’ ability to testify in court: a records-based study of final psychiatric recommendation to court

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