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It can be hard enough for anyone to talk about sexual assault, and to get in touch with the services and the support they need. For some groups and communities, it's even harder.

If you have a disability and have been sexually assaulted, you have a right to be taken seriously and to get the same support services as anyone else, whether your disability is physical or intellectual or is a mental illness or psychiatric disability.

Research shows that people with disabilities are sexually assaulted at higher rates than other people (Chenoweth, 1993, cited in "Violence against women with disabilities-an overview of the literature", in Women Against Violence 7, Dec 1999).

Discrimination
Our society discriminates against people with disabilities. So sometimes it can be hard to speak out about sexual violence, and hard to get good support and services. This is not because there is anything wrong with you. It's just that we live in a society that is ignorant about the problems that people with disabilities face.

Speaking out
Many women with disabilities who have spoken out about sexual violence have said that the person who assaulted them was someone close, living with them, or helping to look after them. Women living in institutions or residential settings have reported being sexually assaulted by personal care attendants and residential care staff. This can make it harder to speak. You may think, what if you are hurt even more, or the care is taken away?

The people who assaulted you have committed a crime, and they are getting away with it because they think they have power over you. There are laws to protect you. The NSW Disabilities Services Act (1993) offers 'protection of human rights and freedom from abuse'.

Myths and stereotypes
There are also a lot of myths and stereotypes about women with disabilities, like:

  • they don't have sex, so they can't be raped
  • they don't have the same feelings as other women, so they won't suffer if they are raped
  • they can't be taken seriously because they don't know what they're talking about
  • they deserved it because of their disability.

This is rubbish. It's really important to speak to someone you can trust to help you get the right support and advocacy.

Know your rights
YOU HAVE RIGHTS. You don't need to be afraid to speak the truth, with the right support.

  • You have the right to be safe all the time-in your home, at work, at school, everywhere.
  • You have the right to the same services-the police, sexual assault services, lawyers, advocates and safe accommodation-as anyone else.
  • You have the right to protection from the attacker.
  • You have the right to say no, and you don't always have to do as you are told, even if you were brought up to believe you do.
  • You have the right to be assertive, and to be angry if sexual violence is occurring.
  • You have the right to information about where to get support if you are sexually assaulted.
  • You have the right to continued care, away from the attacker.
  • You have the right to sex education, so that when sexual violence occurs, you know the person doing it is committing a crime.

Going to court
If you are going to court, sexual assault workers and witness assistance service workers can give you support, and help you prepare (see our factsheet, "Going To Court"). You have the same right to give evidence in court as anyone else. There are laws to help you. The NSW Evidence Act (1995) says the court can decide how a witness gives evidence, and it can take into account their needs when they are being cross-examined. For example, you may need to take breaks if it's hard for you to concentrate for long, or you may need to have a support person sitting next to you when you give evidence.

For service providers...
Supporting someone with a disability

  • Get educated about the disability field so that you are not misled by myths and stereotypes.
  • Work within a rights advocacy and client focused model.
  • Educate yourself about the barriers that people face when they have a disability.
  • Be aware of your reporting responsibilities.
  • Have mechanisms within your agency to identify disabilities.
  • Get to know what's effective when responding to people with disabilities

(Suggestions from Speaking The Unspeakable - nature, incidence and prevalence of sexual assault in Victoria, CASA House and Royal Women's Hospital, Melbourne, 1999).

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