Beyond doubt > The experiences of people with disabilities reporting crime – Research findings humanrightscommission.vic.gov.au Published by the Victorian Equal Opportunity and Human Rights Commission Level 3, 204 Lygon Street, Carlton, Victoria 3053. July 2014. Contact us Enquiry Line 1300 292 153 or (03) 9032 3583 Fax 1300 891 858 Hearing impaired (TTY) 1300 289 621 Interpreters 1300 152 494 Email [email protected] Website humanrightscommission.vic.gov.au Beyond doubt: The experiences of people with disabilities reporting crime – Research findings Copyright © State of Victoria 2014 This publication is copyright. No part of it may be reproduced by any process except with permission from the Victorian Equal Opportunity and Human Rights Commission (the Commission) or in accordance with the Copyright Act 1968. 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ISBN 978-0-9875444-9-3 Beyond doubt: The experiences of people with disabilities reporting crime – Research findings Contents Commissioner’s message 4 Chapter 4: Barriers for police 40 Main findings 40 Chairperson’s message 5 Discriminatory attitudes and culture 40 Executive summary 6 Blaming the victim 41 Problems identifying disability 41 Recommendations 16 Police refusing to take reports 43 Victoria Police response 18 Knowing what adjustments to make 44 Part 1 – The context 20 Decisions about credibility 46 Chapter 1: About the research 20 Part 3 – Experiences 49 The Commission’s interest 20 Chapter 5: Reporting 50 Aim of the project 21 Main findings 50 Other key work 22 Legal obligations 50 Methodology 23 How does Victoria Police receive reports? 50 Limitations of methodology 24 Effective report taking 51 Terminology 25 Treating the victim as a person 52 Project reference group 26 Ensure the person is safe and feels as safe as possible 53 Chapter 2: Prevalence 27 Support the person 55 Main findings 27 Consequences of poor experiences 56 Are people with disabilities more likely to be victims of crime? 27 Chapter 6: The police interview 57 Key facts 28 Main findings 57 Sexual assault 28 Legal obligations when conducting Family violence 29 investigations 57 Crime in service settings 30 How do police conduct investigations? 57 Hate crime 30 Effective interviewing 58 What we still don’t know 32 Establish rapport 58 Ensure security for the victim 59 Part 2 – Barriers across the system 33 Let people tell their story 61 Chapter 3: Why don’t people report crime? 33 Allow enough time 61 Main findings 33 Use appropriate communication 62 Why don’t victims report? 33 Make sure the victim is in control 63 Why don’t people who provide care Ensure support is provided on the and support report? 37 person’s terms 64 Chapter 7: Police investigations 70 Chapter 11: Equipping police 104 Main findings 70 Main findings 104 Are police doing their best to solve the crime? 70 Learning and development 104 Taking action 71 Improving knowledge and skills 104 Gathering evidence 72 Current training and support for Why don’t investigations progress to prosecution? 73 police members 106 Keeping people informed 75 Leading on communications access 109 What happens if Victoria Police does not Improving access to Victoria Police services 111 pursue an investigation? 77 Chapter 12: Improving access to the courts 112 Chapter 8: Prosecutions 79 Main findings 112 Main findings 79 Access to courts 112 Legal obligations of the court 79 Improving the law 112 Support to victims and witnesses with disabilities 80 Minimising trauma and maximising participation 113 Preparing for court 81 Reducing trauma for people with Experiences at court 81 communications disabilities giving Conduct of the prosecution and defence 83 evidence in sexual offence cases 114 Why don’t prosecutions succeed? 85 Clarifying rules of evidence to ensure equity for people with communications disabilities 114 Good practice 85 Chapter 13: A comprehensive approach Chapter 9: Victorian service systems 87 to safeguarding 117 Main findings 87 Mian findings 117 Legal obligations of service providers 87 Risk management versus human rights 117 Incident reporting systems 89 Quality of behaviour support 118 Investigations in disability services 92 Lack of communication assessment may Investigations in health services 93 lead to use of restrictive practices 119 Investigations in mental health services 94 Building capacity in safeguarding 120 Lack of confidence in service investigations 94 Independent oversight 96 Case studies 128 Part 4 – The way forward 98 Appendix 1: Key informant interviews 148 Chapter 10: Transformation and Appendix 2: Focus group interviews 149 leadership in police 99 Appendix 3: Submissions 150 Main findings 99 Police culture 99 Glossary 151 The need for ‘critical mass’ 99 Useful contacts 155 Getting the foundations right 100 Coordination and change 101 Monitoring system performance 103 Commissioner’s message The stories in this report put it beyond doubt that We know that police decision-making about there is urgent work to do to ensure that people whether to pursue an investigation is affected with disabilities have equitable access to justice by a number of factors, including discriminatory and safety. attitudes, a lack of understanding about disability, a lack of awareness about what supports are Reporting a crime is a difficult experience for most; available or required, and assumptions about it should never be made more difficult because whether or not prosecutions will be successful. of negative assumptions and attitudes, a lack of support and minimal provision of necessary Police need to - and want to - build their ability adjustments. to understand different forms of disability and to make reasonable adjustments. This was a We heard from many people who shared their clear finding in the research. There is no denying experiences with us. I encourage you to read these that this will take significant effort and a cultural case studies to understand better what it is like shift in police. However, we have all seen the for many people with disabilities negotiating the transformative power of police when they work complexities of the justice system. I am sure you to prioritise the needs of victims who require a would agree that it is a daunting prospect for most, specialist response. This change can happen. it is most certainly made more traumatic when people feel they are not being listened to from the Thank you to all those who contributed to this beginning, when they continue to be at risk, and research. I would also like to thank the project’s they are not given the support they need. reference group, as well Commission staff Michelle Burrell, Wendy Sanderson, Kate Lahiff, Amber This report exposes the reality of the experiences Whitcher, Julian Alban, Emma Coetsee and Robert of people with disabilities reporting crime. We Stewart for commitment and passion for this project. know that getting the initial contact with victims right is essential. We also know that having the Yours sincerely right support can affect the victim’s experience of justice and safety in an extremely positive way. So, when a blind, quadriplegic woman who has been pulled out of her wheelchair and threatened has difficulty convincing police that a crime has Kate Jenkins occurred, it is obvious that significant change Commissioner is required to ensure she can achieve justice Victorian Equal Opportunity and and be safe. Her contact with police should be Human Rights Commission empowering, supportive and proactive – this will not only deliver a better service to her – but also improve the chances of police gathering the evidence they need to secure a conviction. 4 Beyond doubt: The experiences of people with disabilities reporting crime – Research findings Chairperson’s message Each year, the Commission produces a number of Imagine being abused by the very person charged reports that cover a range of subjects dealing with with the responsibility of supporting you and our areas of responsibility. The aim of our reports feeling powerless to redress the situation. For is to alert, inform and, ultimately, educate people many people, being able to seek help or safety is to bring about change – change for the benefit of not currently an option, either because of a lack not just stakeholders with an interest in the subject of awareness of the supports available, a lack matter of a particular report, but beneficial change of access to seeking assistance, or a level of for all Victorians. fear for safety or concern about loss of support. These and other impediments are not an unusual This report clearly shows that people with experience for people with disabilities and those disabilities in Victoria are routinely denied justice who are trying to work with them. It is clear that because police and other sections of the justice the present environment needs to be improved system are ill equipped to meet their needs. This is significantly to redress this inequality, and that the simply not right. While there have been examples system needs to step up. of improvements and goodwill across systems, there is a lot of work to do, and we must all work My thanks go to the project reference group, together to overcome the impediments and all those who attended meetings to provide deficiencies in the system.