Victims with mild intellectual disabilities in the criminal justice system

Abstract

Summary People with mild intellectual disabilities are more vulnerable to become victims of crime. Victims with intellectual disabilities can face attitudinal, procedural and practical barriers within the justice system. This exploratory study looked at obstacles encountered by victims of crime with mild intellectual disabilities in effectuating their rights, their vulnerability to secondary victimization and ways to support them. In 2014, 35 respondents from across the Dutch justice system and 10 respondents with mild intellectual disabilities-expertise were interviewed. Inductive and deductive content analysis was carried out. Resonance of findings was checked in an expert meeting. Findings Three major problems were identified: (1) victims’ incomprehension about the process and the proceedings; (2) victims’ difficulty meeting system requirements and expectations; and (3) impact of prejudices concerning mild intellectual disabilities. A system adequately set up to deal with victims with mild intellectual disabilities could ease these difficulties. However, additional problems were identified, namely: (1) limited recognition of mild intellectual disabilities; (2) insufficient knowledge and understanding of consequences of mild intellectual disabilities; (3) issues related to accessing and accepting support; (4) communication unsuited for victims’ reading and comprehension-level. These problems influence the ability of victims with mild intellectual disabilities to effectuate their rights and increases risk of secondary victimization. Applications Besides the importance of these findings for policymakers, results are of importance for all those working with victims or with people with mild intellectual disabilities. Individually tailored forms of support are required to overcome the identified problems. Awareness of the barriers that victims with mild intellectual disabilities may encounter will aid providing adequate support for victims with mild intellectual disabilities to exercise their rights and protect against secondary victimization.