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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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