by Olivia van burgsteden

I Introduction

The recent sentencing of the man who horrifically tortured and killed down syndrome woman Lena Zhang Harrap has highlighted the victimisation of disabled people in New Zealand. Studies have shown that disabled people are at a higher risk of victimisation and crime compared to non-disabled people. The Ministry of Justice’s New Zealand Crime & Victims Survey reported from 2020 to 2021 that disabled people are 55% more likely to experience crime than the New Zealand average.[1] These statistics are concerning, with obviously more needing to be done to prevent this. This article will explore the factors that contribute to the higher risk of victimisation of disabled people; impacts of crime on disabled people and the challenges they face; initiatives in place to address this issue; and why more support is necessary.

II Understanding the Issue

Disability is a protected category under the New Zealand’s Human Rights Act.[2] Disabled people have the right to be free from discrimination and victimization, including in the context of crime. Unfortunately, studies have shown that this is not the case, with disabled people more vulnerable to crime due to both situational and societal factors. Situational factors that contribute to disabled people’s higher risk of victimization include being the least perceptive of danger, the least empowered to protect themselves, and the least able to get support within the criminal justice system.[3] Offenders see the potential to prey on disabled peoples’ vulnerabilities as they often cannot defend themselves, identify the offender, or reach out for help. Additionally, some disabled people may have communication or mobility challenges that make it more difficult for them to report crimes or seek help. Societal factors include the discrimination of disabled people and a lack of understanding regarding disability issues among the general public.

Disabled people are more vulnerable to financial exploitation, abuse, neglect, and other forms of mistreatment.[4] Financial exploitation is prevalent as disabled people may have perceived or actual limitations regarding finance and are susceptible to being coerced or manipulated. Abuse and neglect occurs within different contexts, including in the broader community as well as from their caregivers or family members. Disabled people are often more dependent on caregivers or family members, who may be perpetrators of abuse or neglect. The vulnerability of disabled people can lend to a power dynamic that caregivers can exploit. Disabled people are also more likely to face intimate personal violence in all forms as well as interpersonal violence.[5]

III The Impact of Crime on Disabled People

The effects of crime on disabled people can have profound impacts. Crimes against disabled people often aggravate existing health or mental problems.[6] Disabled people often already feel stigmatised and discriminated against and disabled victims of crime may feel intensified emotions of fear, anger, humiliation and confusion after the experience.[7] They may also deny and attempt to avoid thinking about the crime that occurred. Crime can add to their perceived vulnerability and sense of powerlessness.[8] This amplifies the feelings of stigmatism and marginalisation. They may feel they cannot trust others and withdraw from the support systems that can offer help. One disabled woman who was the victim of crimes ranging from harassment to assault said that her disability makes her feel “meaningless” and as if she is an inconvenience.[9] She is on constant guard, which is consuming and debilitating. There are also serious mental health consequences. A report in 2018 revealed that disabled people who experience crime are more likely to develop depression and anxiety compared to people without disabilities who experience crime.[10]

Disabled people often do not have resources or the capacity to deal with the criminal justice system. [11] A Scottish study in 2019 that involved disabled people’s experiences with the criminal justice system revealed that the major challenges facing disabled people include accessing resources, accessing information, and intimidation.[12] Disabled people feel they are left to themselves to navigate the criminal justice system without enough resources and support to help them. These are systemic forms of exclusion that hinder disabled people from equality.[13] A New Zealand study in 2014 affirmed these concerns and found that disabled people wanted quality communication, relationships, trust, and openness when working through the criminal justice system.[14] The study also confirmed the stress and anxiety felt by disabled people when confronted with the practical requirements of the criminal justice system, such as appearing in court.[15]

IV Addressing the Issue

Fortunately, there are some initiatives already in place to prevent crime against disabled people and to support victims. This includes legislation such as the Human Rights Act 1993 which prohibits discrimination based on disability[16] and the Convention on the Rights of Persons with Disabilities which was ratified in 2008 and includes numerous obligations to ensure equality and protection for disabled people.[17] There are also outlets for complaints such as the Health and Disability Commissioner and the Human Rights Commission who can review complaints and resolve them appropriately. The Ministry of Health provides disability support services to assist disabled people and their families, which includes enhancing the well-being and protection of disabled people.[18] As of July 2022 the Whaikaha Ministry of Disabled People was established to make support more accessible.[19] There are also various non-profit organisations dedicated to supporting disabled people. Disabled Persons Assembly NZ (DPA NZ) is an organisation run by disabled people for their equity and inclusion.[20] DPA NZ makes submissions regarding legislation and regulations around disabled people, holds events for disabled people, makes inquiries and consultations, and provides a plethora of resources accessible to disabled people.[21]

But despite these existing initiatives, crime against disabled people is still happening at a higher rate compared to the average New Zealander.[22] There needs to be a more inclusive and accessible approach for disabled people to report crime. In particular, legal professionals in the 2014 study recognised a need for more legal education surrounding disability and disabled people, specifically in relation to interviewing and engaging with clients.[23] There were also suggestions of creating specialist disability courts with professionals who have the necessary expertise to effectively work with disabled people.[24] Efforts should be made to enhance the accessibility of support services for disabled individuals who have experienced crime. This could involve ensuring that helplines, victim support centres, and counselling services are equipped to meet the specific needs of disabled victims, such as through providing communication support or accessible accommodation. Law enforcement agencies should also receive comprehensive training on disability awareness and best practices for interacting with disabled individuals. This training should cover areas such as effective communication, recognizing and responding to disability-related vulnerabilities, and understanding the impact of crime on disabled victims. Overall, the attitudes towards disabled people needs to change. As a whole, we need to develop a more inclusive mindset that values and respects the rights of disabled people.

V Advocating for Change

Advocacy is a critical tool for promoting and improving the protection of disabled people from crime in New Zealand. Advocacy brings awareness to the issues facing disabled people and brings about change to enhance their lives. Public awareness of the challenges facing disabled people brings attention to the issues that need to be fixed. More people questioning these issues puts more pressure on local and national organisations to create policy change that ensures the rights and needs of disabled people are addressed. Advocacy also allows for disabled people to feel empowered to use their voice and share their experiences. Disabled people know themselves best. If disabled people feel supported enough to share and contribute to the discussion, changes can be made that best reflect them.

VI Conclusion

The victimization of disabled people in New Zealand is a pressing issue that requires immediate attention. Disabled individuals face a higher risk of crime due to situational factors and societal discrimination, making them vulnerable to exploitation, abuse, and neglect. The impact of crime on disabled people is profound, exacerbating existing health or mental problems and amplifying feelings of stigmatization and powerlessness. The criminal justice system often fails to provide the necessary support and resources for disabled victims, hindering their access to justice. While there are initiatives in place to address the issue, such as legislation and support services, they have not been fully effective in reducing crime against disabled people. There is a need for more comprehensive and inclusive approaches, including improved legal education and specialist disability courts, enhanced accessibility of support services, and comprehensive training for law enforcement agencies on disability awareness. A shift in societal attitudes towards disabled people is also crucial, promoting a more inclusive mindset that values and respects their rights. It is imperative that society as a whole recognizes the importance of safeguarding disabled individuals from victimization and takes proactive steps to create an inclusive and supportive environment for all. By working together, we can strive for a society where disabled people are protected from crime and discrimination and their rights are fully respected.

[1] Ministry of Justice New Zealand Crime & Victims Survey (June 2022) at 8.

[2] Human Rights Act 1993, s 21(1)(h).

[3] National Research Council Crime Victims with Developmental Disabilities: Report of a Workshop (2001) at 22.

[4] Above n 1 at 72.

[5] White Ribbon New Zealand “Disabilities and Violence in New Zealand” https://whiteribbon.org.nz/home/disabilities-and-violence-in-new-zealand/.  

[6] National Organization for Victim Assistance Working with Victims of Crime with Disabilities (January 1998).

[7] Above n 6.

[8] Caitlin Gormley and Nick Watson “Inaccessible Justice: Exploring the Barriers to Justice and Fairness for Disabled People Accused of a Crime” (2021) The Howard Journal of Crime and Justice 493 at 504.

[9] Disability Horizons “Living with the Impact of Disability Hate Crime” (18 October 2021) https://disabilityhorizons.com/2021/10/living-with-the-impact-of-disability-hate-crime/

[10] Robert S Dembo, Monika Mitra, and Michael McKee “The Psychological Consequences of Violence Against People with Disabilities” (2018) Disability Health Journal 390.

[11] Above n 6.

[12] Above n 8, at 500.

[13] Above n 8, at 505.

[14] Donald Beasley Institute Developing a More Responsive Legal System for People with Intellectual Disability in New Zealand (September 2014), at vi.

[15] Above n 14, at vii.

[16] Above n 2.

[17] Convention on Rights of Persons with Disabilities GA Res 61/106 (2007),  art 4.

[18] Ministry of Health “Disability Services” (9 December 2022) https://www.health.govt.nz/our-work/disability-services

[19] Whaikaha Ministry of Disabled People “Support and Services” https://www.whaikaha.govt.nz/support-and-services/

[20] Disabled Persons Assembly New Zealand “About DPA” https://www.dpa.org.nz/about-us/about-dpa

[21] Disabled Persons Assembly New Zealand “Information Exchange” https://www.infoexchange.nz

[22] Above n 1.

[23] Above n 14, at 67.

[24] Above n 22.

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