Disability hate crime

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Disability hate crime is a form of hate crime involving the use of violence against people with disabilities. This is not only violence in a physical sense, but also includes other hostile acts, such as the repeated blocking of disabled access [1] and verbal abuse. [1] These hate crimes are associated with prejudice against a disability, or a denial of equal rights for disabled people (as this is a form of prejudice). It is viewed politically as an extreme form of ableism, or disablism. [2] This phenomenon can take many forms, from verbal abuse and intimidatory behaviour to vandalism, assault, or even murder. Although data are limited [3] studies appear to show that verbal abuse and harassment are the most common. [4] Disability hate crimes may take the form of one-off incidents, or may represent systematic abuse which continues over periods of weeks, months, or even years. Disabled parking places, wheelchair access areas and other facilities are frequently a locus for disability hate. Instead of seeing access areas as essential for equity, they are seen instead as 'special treatment', unjustifiable by status, and so a 'reason' for acting aggressively. [5] Denial of access thus demonstrates a prejudice against equal rights for disabled people; such actions risk actual bodily harm as well as limiting personal freedom.

Contents

The people who commit disability hate crimes frequently justify their actions with narratives driven by socio-economic factors which can follow a typical pattern. For example, people commit these crimes because they view disabled people as: making 'inconvenient' or 'insolent' demands for physical barriers (e.g. parked cars, commercial signage) to be removed; 'falsely' portraying their disabilities to receive welfare support ("scroungers"); being undeserving of equal access / treatment; having lower status and therefore being "easy targets" for aggressive acts. [5]

Another factor is ignorance of the very basic tenets of variable and/or invisible disabilities. People can fail to acknowledge that seeing an action risked once is no indicator of whether the disabled person can do it safely, repeatedly, without extreme pain, without consequence [6] or predictably at any other time. Low awareness of the medical need for ambulatory wheelchair use - such as fatigue collapse over medium distance; difficulties with prolonged standing as opposed to walking; balance or cardiac issues - can also be a factor. [7]

Disability hate crime can occur in any situation and with any individual. Incidents may occur between strangers who have never met, between acquaintances, or within the family. The two key requirements for an act to be called a "disability hate crime" are that it is perceived to be motivated in part or whole by prejudice against someone because of disability (denial of equal rights being a form of prejudice); and second, that the act is actually a crime, [8] which includes repeated access blocking. [1] Multiple hate incidents - which do not involve a criminal offence per se - can also constitute a disability hate crime if there are enough of them. This is because repeated harassment is a criminal offence.

Recognition

Sir Ken Macdonald, QC, the then Director of Public Prosecutions for England and Wales, stated in a speech to the Bar Council in October 2008 that "I am on record as saying that it is my sense that disability hate crime is very widespread. I have said that it is my view that at the lower end of the spectrum, there is a vast amount not being picked up. I have also expressed the view that the more serious disability hate crimes are not always being prosecuted as they should be. This is a scar on the conscience of criminal justice. And all bodies and all institutions involved in the delivery of justice, including my own, share the responsibility." [9]

In the United States, the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009 expanded the 1969 United States federal hate-crime law to include crimes motivated by a victim's actual or perceived disability. [10]

In 1994, when the U.S. Congress reauthorized the Hate Crimes Statistics Act, crimes based on disability were categorized as bias crimes. [11] This sparked the Federal Bureau of Investigation (FBI) to begin keeping data that relates to all crimes based against persons, property, or society that entails someone with a disability. Once these crimes are recorded, they are then divided up into subcategories; therefore, disability status was measured out through either one's physical disability or their mental disability. The FBI did this in order to determine if the frequency of the crimes differed depending on one's disabled status (whether it was physical or mental).

The data they received indicated that the risk of a disabled individual being the victim of a hate crime was somewhat rare, but the risk of them being assaulted was far higher than any other marginalized group. However, there seemed to be a minute difference in terms of frequency between those who were physically disabled and those who were mentally disabled.

According to recent data, disability hate crime incidents are currently on the rise in the United States. There were over 150 recently reported hate crime offenses that stemmed from a bias of those with a disability just in the 2018 year. From the FBI's Uniform Crime Reporting Program, there were far fewer similar offenses in the year prior, demonstrating a stark increase as time has progressed. In total, the FBI reported over 7,000 hate crime incidents in general, which makes about 2.1 percent of the victims from those crimes specifically targeted because of their disability. [12]

Out of the disability hate crimes that were logged and recorded, 110 of those were against people with mental disabilities, while the other 67 were those with physical disabilities. [13] Studies have also shown that the chance of being physically or sexually assaulted when someone is disabled can be up to ten times greater than those who are non-disabled. [14]

Regardless, there is a widely known assumption that the incidence of reporting crimes by someone with a disability is much less than that of other minority groups. Some suggest that this is the case because of the lack of access to the criminal justice system as well as possible retribution from caretakers or others. With that, individuals with disabilities may actually experience more hate crimes than those that have been reported.

In the UK, disability hate crime is regarded as an aggravating factor under Section 146 of the Criminal Justice Act 2003, allowing a heavier tariff to be used in sentencing than the crime might draw without the hate elements. Section 146 states that the sentencing provisions apply if:

(a) that, at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on—
(i) the sexual orientation (or presumed sexual orientation) of the victim, or
(ii) a disability (or presumed disability) of the victim, or
(b) that the offence is motivated (wholly or partly)—
(i) by hostility towards persons who are of a particular sexual orientation, or
(ii) by hostility towards persons who have a disability or a particular disability. [15]

The test in Section 146 is deliberately one for evidence of 'hostility' rather than 'hatred' as the seriousness of the offense was considered to justify the application of a less strict test.

The Equalities Act of 2010, although allowing those to speak out when discriminated against, created a vulnerable category of people that consisted mainly of those with disabilities. It emphasizes the notion that those with disabilities can not leave their houses without being harassed and develops a divide between those who survive with disabilities and the rest of the world. [16]

Crime recording

The historical failure of police forces, prosecutors, and some social care organizations to treat disability hate crime as a serious issue, an echo of previous failures over other forms of hate crime, particularly racial and LGBT-focused hate crimes, has led to chronic under-reporting. This under-reporting is both pre-emptive, through a widespread belief within the disabled community that they will not be treated seriously by law enforcement, and post-facto, where police forces investigate the crime as non hate-based and record it as such. The National Crime Victim Survey completed in 2008 revealed that people with disabilities are twice as likely as those without disabilities to experience situations of violence. During this year, those with intellectual disabilities were at the highest risk for violence victimization. [17]

Environments that struggle with deprivation are at higher risk for greater occurrence of disability hate crime. In southeast England, many with intellectual disabilities recall places such as schools, day centers, distant neighborhoods, and even forms of public transportation as areas "where bad things happen". Disability hate crime was stated as most prevalent in schools, colleges, and daycares. [5]

It has been proven on multiple occasions that disability hate crimes are underreported due to police enforcement consistently making their own assumptions of the situation at hand and abusers perceiving impairments as vulnerability. [5]

The UK Crown Prosecution Service's Annual Hate Crime Report, [18] shows that 11,624 cases of racial or religious hate crime were prosecuted in England and Wales in 2009, with 10,690 leading to successful convictions. By contrast, only 363 prosecutions and 299 convictions were for disability hate crimes.

Through the years of 2012 and 2013, a crime survey among a large population of England and Wales had been completed. It was acknowledged that out of the estimated 62,000 disability-related hate crimes that happened during that time period, only 1,841 had been recorded by the police. [5]

The UK charity Scope has conducted research into the prevalence and experience of disability hate crime, summarizing their findings and those of other disability groups in the report Getting Away With Murder [19] Katharine Quarmby, who wrote the report and was the first British journalist to investigate disability hate crime, has also written a book on the matter. [20]

Perceived vulnerability

The treatment of disability hate crimes has been affected by the perception of disabled people as inherently vulnerable. [21] This is a multi-faceted issue. Unfounded application of the 'vulnerable' label to a disabled person is considered a form of infantilization, a type of ableism in which disabled people are regarded as childlike, rather than as functioning adults.[ citation needed ]

Perceptions of vulnerability can also lead to the perception that the victim is partially or entirely responsible for the crime. For example, a disabled person may be perceived as having been at fault due to being alone after dark, i.e., engaged in risky behaviour. This pattern of victim-blaming has also appeared in the prosecution of rape and other sexual crimes.

On the other hand, it has been suggested that the vulnerability of victims is a key factor in all crimes. It has been applied to a wide variety of scenarios, including people working at night or handling large amounts of money, [22] although these are situations; not categories of people.

The Crown Prosecution Service has issued guidance to its prosecutors reminding them that 'vulnerable' should only be used as a description of a person within the precise legal meaning of the term - for instance, as defined in section 16 of the Youth Justice and Criminal Evidence Act 1999. [23]

Psychological effects

It has been long known that there are emotional and mental impacts on victims of hate crimes. In a British Crime Survey, data indicated that there is an elevated psychological damage to hate victims compared to non-hate crime victims. [24] Research conducted in the US has indicated that the elevated damage includes anxiety, loss of confidence, depression, long-term post-traumatic stress disorder, and fear. [25] [26] Victims of bias-motivated hate crimes such as hate crimes against a disability, race, religion, sexual orientation, ethnicity, gender, or gender identity are more likely to experience these psychological effects than victims of crimes that are not motivated by bias. [27] The following statistics, from the Crime Survey for England and Wales, show that hate crime victims: [28]

Disability hate crimes composed of 1.6% of total reported hate crimes in 2017. [29] A survey conducted in 27 countries reported that 26% of 732 people with schizophrenia interviewed reported experiencing unfair treatment in their personal security, which included physical or verbal abuse attributed to having a mental health diagnosis. [30] 29% reported having been unfairly treated in their neighborhood. [31] Furthermore, a survey conducted by mental health charity MIND reported that 50% of all respondents with mental health problems experienced harassment in the workplace or community. [32] 71% of these respondents experience physical or sexual violence, theft, or mistreatment. [33] People with learning disabilities or mental health problems within the disabled group were most likely to experience violence or hostility. [34]

OPM's research report on violence and hostility against disabled people found that hate crimes have impacts that extend past the physical and emotional harm experienced by the victims. [35] Family members who may not be disabled themselves can similarly be victimized. Furthermore, disabled people who may have not been a victim to a hate crime may restructure their lives in order to avoid putting themselves at risk. [35] Members of the community in where the hate crime occurs often feel a sense of shame and anger. [35] This same study found that people with learning disabilities found significant dissatisfaction with the way they have been handled by the police, stating that police officers were often felt to be 'patronizing' or 'rude' and did not know how to communicate with the victims in an appropriate manner. [35]

Support

Disability hate crimes leave affected or vulnerable individuals in need of support. There can be a multitude of efforts made towards showcasing support. Support can consist of emotional support, physical assistance, advice, guidance, and more.

There are some key tasks that are effective in supporting those impacted by disability hate crimes. [4]

  1. Offering help to individuals vulnerable to hate crimes
  2. Efforts to lessen the impact that the abuse can make
  3. Empowering individuals to stand for what is right
  4. Do not shy away from intervening on the issues
Disability Hate Crime Support [4]
Direct Victim SupportIndirect Victim Support
practical support

emotional support

advocacy

counseling and psychological advice

empowerment

medical advice

financial assistance

referrals

court/witness assistance

court-based work

legal advice/support

mediation

supporting victims of far-right violence

monitoring hate crime

research

media work

promoting victim's rights

policy work

report writing

training

community work

education

increasing awareness

campaigning

As more hate crimes occur, the need for support increases. Support is more in demand when there are more victims of disability hate crime. Support will always be needed or in demand, but the amount that will fulfill is dependent on the amount of hardships and adversity that those in the disability community are facing.

See also

Related Research Articles

A hate crime is a prejudice-motivated crime which occurs when a perpetrator targets a victim because of their membership of a certain social group or racial demographic.

Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence that includes child sexual abuse, groping, rape, drug facilitated sexual assault), and the torture of the person in a sexual manner.

Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other types of aggression. To these descriptions, one can also add the Kantian notion of the wrongness of using another human being as means to an end rather than as ends in themselves. Some sources describe abuse as "socially constructed", which means there may be more or less recognition of the suffering of a victim at different times and societies.

Sexual violence is any sexual act or attempt to obtain a sexual act by violence or coercion, act to traffic a person, regardless of the relationship to the victim. It occurs in times of peace and armed conflict situations, is widespread, and is considered to be one of the most traumatic, pervasive, and most common human rights violations.

Hate crime laws in the United States are state and federal laws intended to protect against hate crimes. Although state laws vary, current statutes permit federal prosecution of hate crimes committed on the basis of a person's characteristics of race, religion, ethnicity, disability, nationality, gender, sexual orientation, and/or gender identity. The U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), and campus police departments are required to collect and publish hate crime statistics.

<span class="mw-page-title-main">Rape</span> Type of sexual assault usually involving sexual intercourse without consent

Rape is a type of sexual assault involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent. The term rape is sometimes used interchangeably with the term sexual assault.

<span class="mw-page-title-main">Factors associated with being a victim of sexual violence</span>

One of the most common forms of sexual violence around the world is that which is perpetrated by an intimate partner, leading to the conclusion that one of the most important risk factors for people in terms of their vulnerability to sexual assault is being married or cohabiting with a partner. Other factors influencing the risk of sexual violence include:

Research published from 2000 to 2020 illustrates increased prevalence rates of sexual violence against people with intellectual disabilities, compared to the general population.:61 The World Health Organization (WHO) funded a study which concluded that 15% of the adult population worldwide in 2012 had a disability, putting them at increased risk of physical, sexual, and intimate partner violence. Of that 15%, 6.1% or an estimated 7,008,716,704 adults worldwide had intellectual disability with 5.5% experiencing sexual violence. In another 2012 report, the WHO found that worldwide, children with intellectual disabilities experienced a 4.6 times greater risk of sexual violence than those without disability.

Rape in the United States is defined by the United States Department of Justice as "Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim." While definitions and terminology of rape vary by jurisdiction in the United States, the FBI revised its definition to eliminate a requirement that the crime involve an element of force.

Disability abuse is when a person with a disability is abused physically, financially, sexually and/or psychologically due to the person having a disability. This type of abuse has also been considered a hate crime. The abuse is not limited to those who are visibly disabled or physically deformed, but also includes those with learning, intellectual and developmental disabilities or mental illnesses.

Victims' rights are legal rights afforded to victims of crime. These may include the right to restitution, the right to a victims' advocate, the right not to be excluded from criminal justice proceedings, and the right to speak at criminal justice proceedings.

<span class="mw-page-title-main">Domestic violence in India</span>

Domestic violence in India includes any form of violence suffered by a person from a biological relative but typically is the violence suffered by a woman by male members of her family or relatives. Although Men also suffer Domestic violence, the law under IPC 498A specifically protects only women. Specifically only a woman can file a case of domestic violence. According to a National Family and Health Survey in 2005, total lifetime prevalence of domestic violence was 33.5% and 8.5% for sexual violence among women aged 15–49. A 2014 study in The Lancet reports that although the reported sexual violence rate in India is among the lowest in the world, the large population of India means that the violence affects 27.5 million women over their lifetimes. However, an opinion survey among experts carried out by the Thomson Reuters Foundation ranked India as the most dangerous country in the world for women.

<span class="mw-page-title-main">Sexual violence in Finland</span> Overview of sexual violence in Finland

Sexual violence is defined as the use of force or manipulation to get someone to engage in unwanted sexual activity without his or her consent. Such violence takes place in both heterosexual and homosexual relationships, as well as outside intimate relationships. All sexual offenses violate the basic right of sexual self-determination. In Finland, sexual violence and taking advantage of a person is always a crime, even if the assaulter was the victim's spouse, relative or their friend. Sexual offences include but are not limited to rape, forcing someone into a sexual act and taking sexual advantage of a person. The victims of sexual violence are predominantly women, but 26 percent of Finnish men have experienced sexual harassment since their 15th birthday.

Mate crime is a form of crime in which a perpetrator befriends a vulnerable person with the intention of then exploiting the person financially, physically or sexually. "Mate" crime perpetrators take advantage of the isolation and vulnerability of their victim to win their confidence. Research has highlighted common factors in mate crime and hate crime.

The feminist pathways perspective is a feminist perspective of criminology which suggests victimization throughout the life course is a key risk factor for women's entry into offending.

Domestic violence and abuse in the United Kingdom are a range of abusive behaviours that occur within relationships. Domestic violence or abuse can be physical, psychological, sexual, financial or emotional. In UK laws and legislation, the term "domestic abuse" is commonly used to encompass various forms of domestic violence. Some specific forms of domestic violence and abuse are criminal offences. Victims or those at risk of domestic abuse can also be provided with remedies and protection via civil law.

<span class="mw-page-title-main">Sexual assault of LGBT persons</span>

Sexual assault of LGBT people, also known as sexual and gender minorities (SGM), is a form of violence that occurs within the LGBT community. While sexual assault and other forms of interpersonal violence can occur in all forms of relationships, it is found that sexual minorities experience it at rates that are equal to or higher than their heterosexual counterparts. There is a lack of research on this specific problem for the LGBT population as a whole, but there does exist a substantial amount of research on college LGBT students who have experienced sexual assault and sexual harassment.

People with disabilities face 1.5 times more violence than people without disabilities. The perpetrators are often people known to the person with disabilities, such as their partners, family members, friends, or acquaintances. It is estimated that 15% of the world's population lives with disability and are more likely to be poor and socially excluded. Thus violence against people with disabilities has many dimensions.

<span class="mw-page-title-main">Juvenile sex offenders in the United States</span>

A juvenile sex crime is defined as a legally-proscribed sexual crime committed without consent by a minor under the age of 18. The act involves coercion, manipulation, a power imbalance between the perpetrator and victim, and threats of violence. The sexual offenses that fall under juvenile sex crimes range from non-contact to penetration. The severity of the sexual assault in the crime committed is often the amount of trauma and/or injuries the victim has suffered. Typically within these crimes, female children are the majority demographic of those targeted and the majority of offenders are male. Juvenile sex offenders are different than adult sex offenders in a few ways, as captured by National Incident Based Reporting System: they are more likely to be committed in school, offend in groups and against acquaintances, target young children as victims, and to have a male victim, whereas they are less likely than their adult counterpart to commit rape.

Secondary victimisation refers to further victim-blaming from criminal justice authorities following a report of an original victimisation.

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