Abuse of People with Disabilities - collegeofdirectsupport.com

Abuse of People
with Disabilities

Information for Service Providers

Abuse is a serious threat to many people with disabilities.
This booklet pr ovides an overview of abuse, describes
indicators of abuse, and suggests w ays in which you can
support people with disabilities who may experience abuse.

People with disabilities include • People with disabilities may need to
people with physical, sensor y, rely on others for the necessities of life,
mental health and intellectual including intimate personal care.
disabilities.
• When abuse happens, people with
The justice system identifies disabilies may not be believed, may
people who have experienced not know what their rights are, or may
abuse as victims. This booklet be unable or afraid to complain.
uses victim when describing
justice system responses. • People with disabilities often have
much lower incomes.

Having a disability may put What is abuse?
a person at risk of abuse
Abuse is anything that causes harm to an
• People often have negative attitudes individual. Abuse can be physical, sexual,
about disability. psychological/emotional, or economic/
financial. Abuse of people with
• People with disabilities are often disabilities, like all forms of abuse, is an
socially isolated. abuse of power and control.

• People with disabilities are often in
relationships where another person
controls the decision-making.

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900 Howe Street
Vancouver, B.C.
V6Z 2M4
TEL 604.331.5400
FAX 604.331.5401

Physical abuse: intentionally causing a • taking the money needed for food and
person pain or injury. shelter and gambling it away or using it
to buy drugs, etc.
Common examples:
Neglect: this happens when caregivers do
• hitting, kicking or pinching not meet the needs of people they serve. A
caregiver can be someone who is paid to
• handling someone roughly, slapping help or a family member.
them
Neglect may involve not giving someone
• giving inappropriate medication food, care, or necessary medication. It is
also neglect when someone doesn’t stop
• confining people or using restraints another person from being abused.

Sexual abuse: forcing someone to have Common examples
sex. It includes kissing or touching as well
as intercourse. • not providing enough to eat or drink

Psychological/emotional abuse : behaviour • not providing appropriate supervision
that takes away someone’s dignity and self
worth. • not providing enough heat/electricity

Common examples: • not providing appropriate personal care

• calling someone names or putting them • removing dentures, glasses, hearing aids
down
• allowing the person to develop skin
• isolating or ignoring them conditions or pressure sores

• threatening to remove benefits, services, • leaving the person’s medical problems
medication, treatment etc. untreated

• threatening to destroy pets or personal Systemic abuse: Systemic abuse refers to
belongings practices that take away a person’s
independence and dignity. Systemic abuse
• removing aids (such as a wheelchair or happens in settings where other people are
communication device) making decisions for the person who has a
disability. Government bodies and
• threatening to send the person to an bureaucrats can also be involved in
institution systemic abuse.

Economic/financial abuse : controlling Institutional abuse : This is a form of
another person’s finances without systemic abuse. In institutional settings,
permission. power imbalances often exist between
service providers and people they serve.
Common examples: Research has shown that people with
disabilities who live in institutions are
• withholding money for basic necessities more likely to experience abuse than those
such as food, clothing, medication, and who live in the community.
transportation

• preventing someone from getting to
work or denying access to employment
altogether

• depriving someone of financial benefits

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Contributing factors to abuse How widespread is abuse
of people with disabilities?
Caregiver stress : Caregiver or family
stress may precipitate the abuse of a • Most people with disabilities will experience
person with a disability. Often the abuser some form of sexual assault or abuse (Sobsey
will blame the person with the disability & Varnhagen, 1989). People who have some
for the abuse, saying that the disability level of intellectual impairment are at the
itself “provokes” the abuse. highest risk of abuse (Sobsey & Doe, 1991).

Negative role models: The abuser may • Between 39 to 68% of girls and 16 to 30% of
have learned that abusive behaviour is boys will be sexually abused before their
acceptable, usually through their own eighteenth birthday (Sobsey, 1994).
experiences of abuse.
• A survey of 245 women with disabilities
Negative stereotypes : People with dis- conducted by DisAbled Women’s Network
abilities may be seen as a burden or Canada found that 40% had been abused and
passive or worthless. These stereotypes 12% had been raped (DAWN, 1989).
often contribute to abusive behaviour.
• Males with disabilities are twice as likely than
Who are the abusers? males without disabilities to be sexually
abused in their lifetime (Statistics Canada,
Often the abusers are friends, family 1994).
members, caregivers, or service
providers. • Among adults who have developmental
disabilities, as many as 83% of the females
• 33% of abusers are acquaintances, and 32% of the males are the victims of
33% are natural or foster family sexual assault (Johnson & Sigler, 2000).
members, and 25% are caregivers
or service providers (Sobsey, 1998). • For individuals with psychiatric disabilities,
the rate of violent criminal victimization
• It is estimated that approximately 67% including sexual assault was two times greater
of perpetrators who abused individuals than in the general population (8.2% vs.
with severe developmental disabilities 3.1%) (Hidday, Swartz, Swanson, Borum, &
accessed them through their work in Wagner, H.R. 1999).
disability services (Sobsey, 1991).
• The abuse of people with disabilities is often
Barriers to disclosure invisible. When identified, it is underreported.
Reports are usually limited to serious instances
People with disabilities face many barri- of physical and sexual abuse. Verbal and
ers to disclosing the abuse. Examples psychological abuse, and cases of restraint
include: and control, are almost never reported
(Sobsey, 1994; Rindfleish & Bean, 1988).

• People with disabilities have to live in
institutional or residential settings away from
public scrutiny and with little or no access to
police, support services, or advocates. More
abuse occurs “behind locked doors”
(Crossmaker, 1991).

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Fear: The person may be unable to escape with ongoing threats, result in intimi-
the abuser’s control. The abuser may be dating the person they are abusing.
threatening to withdraw services, remove • In many situations, abusers know that
the person’s children, or hurt the person’s they can get away with this behaviour
family members or pets. because the person they are abusing is
isolated from social supports or is
Economic dependence: Economic dependent upon them for economic,
dependence or poverty can keep people social, or physical support.
with a disability trapped in an abusive
relationship. They may lack financial Indicators of abuse
resources, educational qualifications, or
employment skills or experience. Physical signs include:
• unexplained injuries, pain, or bruising
Isolation: Some people with disabilities • delay in seeking treatment
have had little or no contact with anyone • over-sedation
other than their caregivers. They may not • stained, torn or missing clothes
have people who can act as advocates on • change in sexual behaviour
their behalf. • unexplained pregnancy
• sexually transmitted diseases
Lack of access. People with disabilities
often do not have access to appropriate Behavioural signs include:
support services. • behavioral extremes, like hyperactivity

Credibility issues : People with disabilities and/or mood swings
are often considered to be less credible. • unusual fear of a particular person
For example, they may be seen as unreli- • avoidance of specific settings
able witnesses in court simply because • fear of intervention
they have a disability. • depression
• sleep disturbance
Characteristics of abuse • eating disturbance
• withdrawal
• Abuse usually occurs when abusers • excessive crying spells
have a need to impose power or to • excessive weight loss/gain
abuse the power that they already hold, • poor self-esteem
and the person with the disability feels • self-destructive behavior
powerless to stop the abuse from
occurring.

• It may involve multiple forms of abuse.

• It may involve a variety of tactics and
strategies that on their own do not
appear abusive but in combination

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Circumstantial signs include: • Know about, and network with, victim-
• Alcohol or drug abuse by caregiver serving resources
• Devaluing attitudes by caregiver
Although no one should jump to conclu- What can you do if an adult
sions, do take all of these indicators may be experiencing abuse?
seriously.
Provide information, support, and
Adapted from Violence and Abuse in the practical assistance
Lives of People with Disabilities (1994),
D. Sobsey If you suspect that someone is being
abused, speak to them in private. You can
Preventing Abuse ask:
• Are you having trouble? Can I help you?
The best way to prevent abuse is to make
sure that anyone who has a disability: • Can I contact a friend for you?

• is involved in the community • How would you like to be assisted?
• has control over their life and makes
If someone discloses abuse to you, allow
their own decisions sufficient time for him or her to tell the
• can do as much on their own as story. The full scope of the abuse is usually
revealed over time. It involves a relation-
possible ship of trust and a space for the person to
• can get information about their rights assess the impact and extent of the abuse.

There are actions that service providers • Create an environment of safety and
can take to help prevent the abuse of support and prepare for the person’s
people with disabilities: specific needs e.g. a very quiet space,
time to rest, etc.
• Appreciate the serious dimension of
abuse of people with disabilities • Encourage them to contact a trusted
family member or friend for support.
• Learn to recognize the signs of abuse.
• Listen to, believe, and act on accounts • Explain the options available.

of abuse. • Discuss the advantages and disadvan-
• Recognize and respect the fact that tages of each option or contact some-
one who can.
many persons with disabilities are able
to exercise independent decision- • Let the person make his/her own
making decision.
• Provide information on abuse, as well
as options, and resources • If the person’s safety is at risk, tell the
police and Victim Services.

• Help stop abuse and neglect. Report it!

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What if the adult can’t Criminal Code specifically prohibits a
get help on their own? person in a position of trust or authority
over, or in a relationship of dependency
If you know or suspect that someone with a disabled person from counseling
• is abused, neglected or self-neglected, or inciting any kind of sexual touching in
relation to the disabled person without
and his or her consent.

• is refusing support and assistance, and • Guardianship legislation is designed to
protect vulnerable adults from abuse. The
• appears to be mentally incapable or BC Adult Guardianship Act offers practi-
physically unable to get help on their cal tools for intervention, including a
own court order to get past a suspected abuser
to talk to the person about the abuse. See
report the situation. the pamphlet, Protecting Adults from
Abuse, Neglect and Self-Neglect, online
In BC, contact: at http://www.trustee.bc.ca/AG6%20-
• your regional health authority or %20Protecting%20Adults

• your local community living service of • Under Canada Evidence Act if a witness
the Ministry of Children and Family has difficulty communicating because of
Development (for adults with a develop- a physical or mental disability, the wit-
mental disability) ness may be able to give evidence by any
means that allows the evidence to be
Community numbers for reporting abuse understood.
and neglect are on the Internet at:
www.trustee.bc.ca/report%20phone.htm • Provincial human rights legislation pro-
tects people with disabilities from dis-
Know what legal protections crimination. If the abuse does not come
are available under the Criminal Code, the abused per-
son may wish to use human rights pro-
A proactive approach to reporting abuse tections. In BC, they can make a com-
and prosecuting abusers has been shown to plaint under the Human Rights Act .
reduce victimization (Russell, 2002).
• Protection orders : These are orders made
• All Canadian provinces have mandatory by a judge in court that contain a condi-
reporting requirements for child abuse. tion designed to provide safety and secu-
Under the BC Child, Family and rity to one or more people. There are two
Community Services Act, any suspected kinds of protection orders: peace bonds
abuse or neglect of a child must be (for anyone), and restraining orders (for
reported. partners only).

• A range of Criminal Code offences relate See For Your Protection: Peace Bonds and
to abuse. These include assault and Restraining Orders,
sexual assault provisions, as well as www.gov.bc.ca/pssg/victim_services/
fraud, theft, mischief, criminal harass- publications/guides/PeaceBondsRest
ment (also known as “stalking”), uttering OrdersWEB.pdf
threats, intimidation, and extortion. The

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• Provinces and territories have legislation Systemic changes
specifically for victims. In BC, the
Victims of Crime Act provides rights to • Institutions need to support and promote
victims of crime, including the right to residents’ councils and independent
be treated with courtesy, respect, and advocates to prevent the abuse and to
without discrimination by all justice facilitate disclosure.
personnel. The BC Crime Victim
Assistance Act provides eligible victims • Programs that provide services to people
injured as a result of certain crimes with with disabilities need to carefully screen,
financial assistance and/or benefits. train, and supervise staff. Providing posi-
tive role models and working conditions
See Your Rights as a Victim of Crime: may be as important as confronting abu-
www.pssg.gov.bc.ca/victim_services/ sive caregivers.
publications/guides/YourRights.pdf:
(Available in eight languages)

Abuse Prevention please call the Telus Relay Service at 711.
Information Sites
VictimLINK is operated by the Victim Services
Canadian Health Network Division of the BC Ministry of Pubic Safety and
http://www.canadian-health-network.ca/ Solicitor General. Victim Services Division funds
1violence.html a network of victim service programs. Go to the
Information about resources on different forms Victim Services Division Directory:
of abuse, and links to agencies that produced www.pssg.gov.bc.ca/victim_services/directory/
the information. index.htm

Canadian National Clearinghouse on Famil y DISABILITY SITES
Violence
http://www.hc-sc.gc.ca/hppb/familyviolence/ BC Coalition of People with Disabilities
Information on violence prevention resources, http://www.bccpd.ca
including violence against people with disabili- BC umbrella disability rights group. They can
ties direct you to other disability resources in the
province
BC Institute Against Famil y Violence #204 - 456 West Broadway
http:www.bcifv.org Vancouver BC V5Y 1R3
Links to resources on different forms of abuse. Tel: 604-875-0188; TTY: 604-875-8835;
Fax: 604-875-9227

VICTIM SERVICES DisAbled Women’s Network (DAWN)
http://www.dawncanada.net
VictimLINK Deals with violence and abuse against women
Telephone: BC Toll Free 1 800 563-0808, 24 with disabilities. Will link you with provincial
hours a day, seven days a week. Deaf and hard DAWN groups.
of hearing people can contact VictimLINK via
the TTY service at 604 875-0885; to call collect, Disability Weblinks
http://www.disabilityweblinks.ca/

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Enablelink BC Coalition to Eliminate Abuse of Seniors
http://www.enablelink.org/ http://www/bcceas.ca
Focuses on the elimination of abuse of
Council of Canadians with Disabilities seniors. Provides information, advocacy, and
(CCD) resources.
http://www.pcs.mb.ca/~ccd/ #304 – 5050 Kingsway
Burnaby, BC V5H 4C2
The Roeher Institute Phone: 604-437-1940; Fax: 604-437-1929;
http://www.roeher.ca/ Toll Free 1-866-437-1940

ADVOCACY RESOURCES Office of the Public Guardian and Trustee
of British Columbia
ARCH: A Legal Resource Center for Persons www.trustee.bc.ca
with Disabilities The Public Guardian and Trustee upholds an
http://www.ar ch-online.org adult’s right to self-determination and
An Ontario-based legal clinic and legal provides support and protection for those
resource centre. vulnerable to abuse.
425 Bloor Street East, Suite 110 #700-808 West Hastings Street
Toronto, Ontario M4W 3R5 Vancouver, British Columbia V6C 3L3
Phone 416-482-8255; Fax 416- 482-2981; For services to adults, contact:
TTY 416- 482-1254 Phone: 604-775-0202; Fax: 604-660-4493

BC Association for Community Living Shelternet
http:www.bcacl.org http:www.shelternet.ca
Focuses on the rights of adults and children An online Canada-wide resource to help
who have a developmental disability. abused women and children find shelter,
#300 - 30 East 6th Avenue safety, and information about their options.
Vancouver, B.C. V5T 4P4
Phone: 604-875-1119; Fax: 604-875-6744

The People's Law School would like to thank Justice Canada for funding this booklet.

Produced by: The People's Law School © 2004 Reviewers:
Pat Feindel - BC Association for Community
Coordinator: Jennifer Fudge Living
Penny Bain - BC Institute Against Family Violence
Writer: Gayla Reid Andrea Rolls - Victim Services Division
Jane Dyson - BC Coalition of People with
Designer: Tamara MacKenzie Disabilities
Kathy Doerksen - Community Response Network
Editor: Bernice De Witt Jennifer Fudge - People's Law School
Jennifer Fudge Nahid Roboubi - Justice Canada

Suite 150 This booklet contains public legal information and
900 Howe Street education only. It is not legal advice. If you need
Vancouver, B.C. legal advice, please consult a lawyer.
V6Z 2M4
TEL 604.331.5400
FAX 604.331.5401

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