1 in 5 women and 1 in 6 men have been sexually abused. But, according to the investigation conducted by the National Public Radio (NPR), people with intellectual disabilities are sexually assaulted seven times more compared to non-disabled people. Some of the risk factors for people with disabilities include communication deficits, lack of intuitive experience, lack of sexual education, and even their training to follow trusted figures or authorities can be a disadvantage.
Terminologies: Intellectual disability and Developmental disability
The terms developmental disability and intellectual disability are often interchanged. The term intellectual disability was previously known as “mental retardation.” People with intellectual disabilities are identified by the American Association on Intellectual and Developmental Disabilities as those “characterized by significant limitation in both intellectual functioning and in adaptive behaviors.”
Developmental disability, on the other hand, also refers to intellectual disability but is an umbrella term for other forms of disability. Some examples of developmental disabilities are:
- ADH;
- autism spectrum disorder;
- cerebral palsy;
- hearing loss;
- intellectual disability;
- learning disability;
- vision impairment;
- and other developmental delays.
Sexual Abuse of People with Intellectual Disabilities
According to The Arc, people with severe intellectual disabilities may not understand the abuse while others may realize the abuse but not the fact that it’s illegal or they can say no. Research suggests that 97% to 99% of abusers are known to victims with intellectual disabilities; that is, they may be family members, care staff, acquaintances, or transportation providers
Disability Justice also reported that “83% of women with disabilities will be sexually assaulted in their lives” while only “3% of sexual abuses involving people with developmental disabilities are ever reported.” NPR’s own database integrated with the Justice Department’s numbers showed that people with intellectual disabilities are at-risk everywhere – work, home, school, transportation, public places, and even medical appointments.
Civil or Criminal Lawsuit in Sexual Abuse Cases of People with Intellectual Disabilities
Successful criminal charges will incarcerate the offender and a fine may be imposed, this will be grueling due to the fact that the defendant must be proven guilty beyond a reasonable doubt. Additionally, monetary compensation you may be entitled to will only cover economic damages. Economic damages are financial losses that stemmed from the abuse like medical expenses, loss of earning capacity, and vocational rehabilitation.
In sexual abuse civil cases, however, the standard of proof is lower than in criminal lawsuits. You will only have to prove that the defendant, more likely than not, committed the crime against you (known as preponderance of evidence). You will be able to collect damages (financial compensation) that will help you cover all economic costs like your medical expenses, therapy, pain and suffering, loss of income, and other applicable coverages. Essentially, in criminal cases, the focus is on the crime committed to you while in a civil lawsuit, the core is the harm it’s caused.
Signs of Sexual Abuse in People with Intellectual Disabilities
It can be difficult to detect signs of abuse in people with disabilities due to a number of reasons like speech deficits or complete inability to speak; inability to process incidents as abuse; and feelings of powerlessness. While it can be hard to recognize abuse in people with intellectual disabilities, keeping an open line of communication with them may help. On top of that, you should watch out for the following signs
Physical signs:
- Bleeding, redness, tears, or rashes in the genital and anal area;
- Bruises in the inner thighs and genitals or breasts;
- Frequent urinary tract infection (UTI);
- Frequent headaches or stomach aches;
- Sexually transmitted disease (STD).
Behavioral and emotional signs:
- Depression;
- withdrawal ;
- Avoidance (people, things, or situations);
- Inappropriate sexual behavior;
- Crying spells;
- Resistance with physical exams;
- Change in mood (increased aggression) and eating habits;
- Lost of interest in friends, hobbies, school;
- Appetite or sleeping change;
- Anxiety around certain people.
The Illinois Department of Human Services encourages anyone concerned not to report when an intellectually impaired person is causing a problem that concerns you. Instead, you may call the person’s treatment program. There are separate hotlines depending on the people involved:
- If the sexual abuse is towards a person with an intellectual disability living in a setup funded and licensed by the DHS, you may call the OIG Hotline: 1-800-368-1463.
- if the person lives in an institution supported and licensed by the Department of Public Health (DPH), call 1-800-252-2893.
- If the victim, however, is under 18 you may call the DCFS Hotline: 1-800-252-2873.
- If the victim is 60 or older and doesn’t live in a nursing or private home, you may reach out to the Department of Aging (DOA) at 1-800-252-8966 after typical business hours.
Also, take note of important details to use when reporting the abuse:
- Name and/or description of the person abused;
- Information about the abuse: what happened and where and when it took place (should include the name and address of mental health or development program);
- Name and/or description of the suspected abuser; and
- Other pertinent information like witnesses and their contact information.
Knowing your legal options is always on the table. You need only reach out. We at America’s Consumer Lawyer are committed to building an understanding and safe space for our clients. Our attorneys work hard in bringing abusers accountable whether they’re private individuals or institutions.
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