Pathologising the victim: law and the construction of people with disabilities as victims of crime in Ireland

Abstract

Victimologists have for many years explored the construction of identities associated with the ‘victim of crime’, and how certain groups in society are understood as more ‘deserving’ of victim status than others. This paper considers the victim subjectivities ascribed to people with disabilities11 In Ireland, ‘people with disabilities’ is the preferred term to ‘disabled people’. as victims of crime in Ireland by exploring the legal frameworks that shape their encounters with the criminal justice system. The legislative bricolage that exists is shaped by disjuncture, whereby anti-discrimination measures grounded in people with disabilities’ equal rights to access the justice system sit alongside those that construct them in terms of incapacity. Criminal law overwhelmingly pathologises people with disabilities as crime victims, with impairment dominating their victim status. The paper suggests that notions of victimhood that associate people with disabilities with dependency and passivity will do little to raise awareness of the disabling barriers that characterise their encounters with the criminal justice system.