Disability issues and sexual assault bibliography

This article presents findings from a research study on sexuality knowledge, sexual abuse, and protection skills in women with intellectual disabilities. Interviews were conducted with 9 Australian women with mild intellectual disabilities, concerning understandings of sexuality and intercourse, sources of knowledge, negotiating sexual relationships, declining unwanted sexual contact within relationships and from nonpartners, self protection strategies, sexual abuse experiences, disclosure of abuse, and sequelae of sexual abuse.

This article discusses sexuality issues for people with an intellectual disability, and how the general practitioner can provide help. Sections include: discussing sexual issues with a person with intellectual disability; capacity to consent to sex; appropriate sexual behaviour; negotiating relationships; safer sex and contraception; pregnancy and parenting; and sexual abuse.

This Wrap outlines key issues in institutional and care settings with identifying and responding to women's recent and past experiences of sexual assault. In this paper, we draw together the common or shared elements of various institutions identified in the literature. We consider the historical socio-political context of women's institutionalisation. Then we consider the prevalence of sexual assault, both current and historical, within various institutional settings and explore some of the barriers to disclosing and responding to sexual assault within these settings. Finally, we discuss the relevance of cultural and structural issues in responding to address sexual assault within institutional settings.

This book explores psychological, legal and cultural issues in sex and sexuality. The chapters reflect proceedings of the 2nd Global Conference 'Good Sex, Bad Sex - Sex Law, Crime, and Ethics', held in Prague in May 2010, and are written by Australian and international authors. Sections include: defining sex and sex crime; ethics and principles in sexual conduct; sex, crime and the law; sex law and its agencies; regulating desire; and, what is good sex, what is bad sex?

Adults and children with disabilities face an increased risk of sexual victimisation. Using Australian and international research, this article describes the problem of sexual assault, sexual victimisation, gender-based discrimination, homophobia, and child maltreatment and sexual abuse for people with disabilities. The article focuses on a human rights perspective, and also includes sections on offenders, disclosure, sex education and teaching protective behaviour

"[This book] provides a comprehensive and critical analysis of contemporary rape laws, across a range of jurisdictions. In a context in which there has been considerable legal reform of sexual offences, [this book] engages with developments spanning national, regional and international frameworks. It is only when we fully understand the differences between the law of rape in times of war and in times of peace, between common law and continental jurisdictions, between societies in transition and societies long inured to feminist activism, that we are able to understand and evaluate current practices, with a view to change and a better future for victims of sexual crimes."

Adults with a disability can face particular barriers to disclosure of sexual assault and the responses to those who disclose are often inadequate. Enabling disclosure and providing the most appropriate responses across public policy, the criminal justice system and the service sector require further and urgent attention. This issues paper, drawing on international literature as well as consultations with staff of a number of Australian programs, provides clear directions for future research and practice in responding to and preventing sexual assault among adults with a disability.

The aims of the SADA project are to: protect vulnerable people in residential care from sexual assault; raise awareness of the issue; and, ensure appropriate and sensitive responses to sexual assault. In this interview, Maria Attard from the Sexual Assault in Disability and Aged Care Action Strategy (SADA project) provides an overview of the project and answers some questions about the issues arising from sexual assault in disability and aged care settings. She discusses the extent of the problem and the veil of secrecy and disbelief that shrouds it. She also considers the importance of recognising sexual assault, prevention, creating safer environments for the elderly and disabled, responding to sexual assault or identified risks, and general trends as disclosed in consultations with key stakeholders. The article includes a brief summary of the resources being developed by SADA.

This Framework outlines a plan for the work of the Victorian Women with Disabilities Network Advocacy Information Service. It targets family violence and sexual assault as priority areas of concern. It recognises that women residing in a range of domestic environments, including their own homes, boarding houses and supported accommodation are vulnerable to physical, sexual and psychological violence. Women with disabilities are also vulnerable to violence from both paid and unpaid carers providing personal support. This Framework seeks to intersect with the Victorian Government's family violence and sexual assault reform strategies that are currently being implemented under the Fairer Victoria Policy.

This resource kit brings together 4 booklets on understanding and preventing violence against women with disabilities, and supporting women who have experienced violence. 1. A life like mine! Narratives from women with disabilities who experience violence' features stories and poetry of resilience and hope by women who have experienced violence. 2. Forgotten sisters: a global review of violence against women with disabilities' examines the incidence and prevalence of violence against women with disabilities, and advocacy and policy issues. It includes an annotated bibliography of resources. 3. It's not ok, it's violence: information about domestic violence and women with disabilities' is written for women with disabilities and provides information on domestic violence and support services in Australia. 4. More than just a ramp: a guide for women's refuges to develop Disability Discrimination Act action plans' is a guide for women's refuges and services on how to develop and implement a Disability Discrimination Act action plan. The booklets are available in hardcopy, digital files, and audio files.

Major research and studies on violence against women and sexual assault in Australia, and some major international surveys, are summarised. The report presents information on the incidence of violence against women, on whether violence against women is growing in Australia, what proportion of victims know the perpetrator, injuries to women in cases of sexual assault, state and territory comparisons, how many victims access support services, criminal justice system outcomes, women's fear of violence, the economic, social and health costs of violence against women, and at risk groups.

The Criminal Justice Sexual Offence Taskforce was formed to examine issues surrounding sexual assault in the community and the prosecution of such matters within the criminal justice system. The Taskforce was to advise the NSW Attorney General on ways to improve the responsiveness of the criminal justice system to victims of sexual assault, while ensuring the accused person receives a fair trial. Recommendations came as a result of examining: attrition in sexual offences; the need for improving provision of services pre trial; the law of consent; evidence and procedure; tendency and coincidence evidence; jury directions in sexual assault trials; evidence of children; disability and aged care issues; and specialist courts, dedicated courts and case listings.

In R v Morgan (1970), the Supreme Court of Victoria stated that for incapacity to consent to be proved it must be shown that a person does not have sufficient knowledge or understanding to comprehend the following: that what is proposed to be done is the physical fact of penetration of her body by the male organ or, if that is not proved; that the act of penetration proposed is of a sexual connection as distinct from one of totally different character. The author argues that this standard of knowledge is insufficient to allow a person to protect themselves against the commonly recognised consequences of sexual acts, namely pregnancy and sexually transmitted diseases. The author notes that consent which is not based on a standard of knowledge sufficient to allow an individual to safeguard their own interests cannot be considered valid consent, and that law reform is required so that consent to sexual acts more closely resembles the informed consent required for medical treatment. Moreover, the provision of adequate sex education would assist many people with an intellectual disability to achieve an understanding of both the nature and consequences of sexual acts. These proposed reforms would also allow people who even after education are unable to meet the requisite standard, a greater amount of legal protection than is currently the case.

The focus of this paper is on the use of the concept of sexual exploitation in legislation concerning sexual expression by persons with mental impairment, with particular emphasis on persons with intellectual disability. It examines the two main statutory approaches adopted in Australian jurisdictions and evaluates them according to the standards of being non-discriminatory, minimally restrictive of rights, and enforceable. The authors recommend the creation of criminal offences that prohibit sexual acts between persons in a relationship, either paid or voluntary, with a person with a mental impairment where the said relationship has a clearly defined and commonly understood scope which excludes sexual acts. This does not disqualify people as potential sexual partners based on employment categories such as professional, residential worker or carer. Rather, it is based on the status of the relationship between the individuals involved, and fulfils the purpose of legislation which is to afford protection from the vulnerabilities that accompany intellectual disability.

The Good Way model is used with young people and adults with intellectual difficulties who have sexually abused, and with non disabled adolescents who have sexually abused. The two streams of the model are: the Good Way / Bad Way, which helps participants to identify their strengths and understand their abusive behaviour; and Good House / Bad House, which helps participants to understand the impact on others of their abusive behaviour and to take steps to repair relationships. This article describes the development of the model, its methodology and outcomes so far.

This code of practice describes the way Victoria Police members must respond to reports of sexual assault. The aims of the code and the functions of Victoria Police are detailed here. The code covers caring for the victim; ensuring prompt medical attention; drug and alcohol facilitated sexual assault; Indigenous communities; culturally and linguistically diverse communities; victims with disabilities; victims with a mental illness; victims with a cognitive impairment; children; mandatory reporting; paediatric forensic medical services; guidelines for police who receive the initial report of a sexual assault; guidelines for police who are first on the scene; guidelines for Sexual Offences and Child Abuse Unit members; guidelines for police interviewing a sexual assault victim; guidelines for investigators; procedures for no further police action; past sexual assaults; recent sexual assaults; support services; monitoring adherence to the guidelines; Victoria Police - Centre Against Sexual Assault liaison committees; and resources.

This book considers how the law treats nonconsensual sex, in cases between acquaintances and without extreme physical violence. The book discusses the nature of consent, coercion, and autonomy, with reference to attitudes of the law and other academics.

A significant number of people in aged care and disability settings have been sexually assaulted and most of these people do not have fair access to the criminal justice system nor the resources to ensure their ongoing safety. The SADA (Sexual Assault in Disability and Ageing) project addresses the sexual assault of these vulnerable people, the difficulties involved in ensuring their safety and in pursuing prosecution. SADA aims to create a framework for action in which agencies work together to ensure protection of vulnerable people in care settings and to provide an effective response to incidents or concerns of sexual assault.

Building Bridges was an action research project undertaken in 2001-2002 in Wagga Wagga, NSW, with the aim of addressing issues of sexuality for women with intellectual disabilities in a regional community. The issues included sexual vulnerability, protection, response to abuse and abuse prevention in a community context. This article outlines the rationale for the project, identifies the principles underpinning the project and briefly discusses the theoretical orientations that informed it. It then describes the action research process employed by the project, focusing on the systemic, collaborative and developmental elements of the research strategy. The article also provides evaluative reflection on some of the problematic elements of the project. It concludes that projects of this nature that are informed by community action research have the capacity to promote social change.

In this article the author expands on the notion of 'intersectionality' discussed in a previous article. The focus of this article is the interaction of constructs of disability, rurality and lesbianism in shaping and compounding women's experiences of domestic and family violence. Disability, rurality and lesbianism may interact with other dimensions of gender, race and class to shape and amplify women's vulnerability to domestic violence. The authors conclude that responses that deconstruct and honour women's individual experiences together with recognition and exposure of the systemic and structural processes that support and perpetuate oppressive and discriminatory practices, are essential for supporting women to realise their rights to safety and freedom from abuse.

People with intellectual disability, as well as people with dementia or mental health disability, are vulnerable to sexual abuse and may lack the capacity to give valid consent to medical treatment. Their reproductive choices may be limited by their support needs, by social pressures or by sterilisation at a young age. This article uses case studies to illustrate key areas in dealing with sexual and reproductive health, and consent issues for people with intellectual disability. It also provides brief guidelines for assessing capacity to consent, and procedures to follow when there is no, or uncertain, capacity. The author determines that people with an intellectual disability require education to help them resist abuse, and advocacy to ensure that their environment protects them. They require support and education when making reproductive choices and health care decisions. In cases where they do not have the capacity for informed consent, a substitute decision maker is required.

These guidelines are intended to assist workers and consumers in the mental health, sexual assault and disability sectors in Queensland. They provide a framework for the development of local area policy and procedures to address issues relating to sexual assault and sexual safety within Queensland Health acute care, extended treatment and medium and high secure inpatient mental health services. The guidelines cover: gender, mental illness and sexual violence; sexual assault; responding to a report of recent sexual assault; past sexual assault and abuse; sexual harassment; sexual safety; risk assessment; assessment vulnerability; identifying and responding to sexually disinhibited behaviours; policies regarding sexual relationships; sexual relationships between staff and clients; impaired capacity; clients under 16 years; diverse needs; safety in design of mental health services; follow up support; confidentiality and documentation; staff support and education; education for clients and family members; services access, availability and promotion; and evaluation.

The Victorian Law Reform Commission undertook a review of the criminal justice system in relation to its responsiveness to the needs of complainants in sexual offence cases. Based on research and consultations, this report makes 202 recommendations for changes. Recommendations cover areas such as: improving police responses to sexual assault; increasing the responsiveness of the criminal justice system; making it easier for complainants to give evidence; improving the system for child complainants and for complainants with a cognitive impairment.

The status of women with disabilities in Australia, and their experiences with domestic violence, are discussed. The paper looks at definitions and perceptions of disability; gender and disability; definitions of domestic violence; forms of domestic violence, including physical violence, sexual assault, emotional or psychological abuse, neglect, destruction of property, financial abuse; incidence of domestic violence; strategies to manage domestic violence; barriers to leaving a violent situation; protection from domestic violence from the feminist movement, the disability movement, the law and governments; and what needs to be done.

Women identified as having a disability are recognised nationally and internationally as a group who experience violence at a greater rate than the general population. The author reviews current research and discourse on violence against women with disabilities particularly as a health issue, with a focus on the state of Victoria. A voice for women with disabilities is called for as are legislative changes at the state and federal level.

In recent years, the myth that sex offenders with an intellectual disability are untreatable has been challenged. Though sex offenders with intellectual disabilities may be initially hard to engage in the assessment and treatment process, the use of simplified approaches that support the day-to-day reinforcement of treatment concepts is proving to be effective with this population. These treatment interventions it is suggested, may also be effectively used with 'mainstream' offenders. Prevalence, characteristics, and assessment of sex offenders with an intellectual disability are also discussed.

This report represents the end of Stage One of the Sexual Offences Project for Women with Disabilities. It aims to examine the obstacles victim/survivors with cognitive impairment experience when reporting sexual assault and proceeding with prosecution in Victoria. It includes chapters on the background to the project; research, reports and legislation; policy and practice; and findings and recommendations. There are four appendices containing a glossary, bibliography, consultation questions for sexual assault workers, and a flow chart of critical decision making points following disclosure. The report shows that victim/survivors of sexual assault with cognitive impairment are more vulnerable to abuse than those without a disability; generally have less knowledge of appropriate sexual behaviour (and of the law); may be denied self-determination in reporting; and are frequently disbelieved when they report sexual assault. These and other factors were considered to contribute to the decreased incidence of reporting sexual assault by victim/survivors with cognitive impairment.