Talk About Sexual Violence Focus Group Report: People With Disabilities

/in , , , , , /by Pam Katz

People with intellectual and/or developmental disabilities (IDD) are sexually assaulted seven times more often than people without disabilities. Because of this, medical providers must talk about sexual abuse with their patients and offer support. Unfortunately, many medical providers do not have the tools or training to help them have these important conversations.

Talk About Sexual Violence centers on conversation groups of medical providers and people with disabilities, including survivors of sexual assault. It was important to hear from them about how medical appointments can be more supportive.

Conversation groups were held as live, online video sessions to hear from people with IDD about their appointments with medical providers.

This report contains the result of those focus groups.

Talk About Sexual Violence Focus Group Report: Medical Providers

/in , , , , /by Pam Katz

Talk About Sexual Violence centers on conversation groups of medical providers and people with disabilities, including survivors of sexual assault. It is important to learn how medical appointments can be more supportive and patient-centered, especially if someone has experienced sexual assault.

Conversation groups were designed as a live, online video session with medical professionals who answered questions about their practices with patients who had been sexually assaulted, including those with disabilities.

This focus group details the findings from those conversation groups.

Know Your Rights: Crime Victims with Disabilities

/in , /by Pam Katz

People with disabilities are often involved in the criminal justice system. They can be involved as either defendants or victims. A victim is someone who is hurt when a crime is committed. It’s important for victims to know that they have rights.

This session addresses three key rights:

  • Your right to live free from violence
  • Your right to get help and support after victimization
  • Your right to speak your truth for yourself and for other crime victims with disabilities

James Meadours, a survivor of sexual violence, leads this discussion and provides insight into this topic.

This listening session is hosted by The Arc’s National Center on Criminal Justice and Disability (NCCJD) and supported by the People With Disabilities Foundation.

Ending Victimization of People with IDD by Bullies

/in /by Pam Katz

Participants will learn what bullying is, how to respond to it, and how to get support. Too many people with disabilities are experiencing bullying and harassment every day and often don’t know how to handle it. This second webinar in the “Know Your Rights” series will also explain the difference between bullying and harassment and talk about ways to heal.

Access the PowerPoint presentation here.

 

Victimization and People With Disabilities: It’s Real TALKS Train-the-Trainer Discussion Guide

/in , , , , /by Pam Katz

People with disabilities are more likely than people without disabilities to be victims of mistreatment, abuse, neglect, and exploitation. The Victimization and People with Disabilities: It’s Real TALKS Train-The-Trainer Discussion Guide is for organizations to learn about victims with developmental and other disabilities who have experienced crimes of sexual assault, trafficking, financial exploitation, and Medicaid fraud; and solutions from professionals to help support survivors and to reduce victimization of people with disabilities.

Crime Victims With Disabilities: Know Your Rights

/in , , , , /by The Arc

As a crime victim with a disability, it may be hard to know what to do. With this fact sheet, you can know your rights and where to find help.

Collaborate, Train, and Engage: Diverting People With Intellectual and Developmental Disabilities

/in , , , , /by Pam Katz

Hosted by The Council of State Governments (CSG) Justice Center and Bureau of Justice Assistance (BJA)

While local providers across the country are increasing their awareness of people with intellectual/developmental disabilities (IDD) in their criminal justice systems, they may encounter challenges when seeking appropriate diversion programming for this population. This webinar will discuss best practices that localities can implement to improve cross-system collaboration, family engagement, identification, and accessibility of services that meet the needs of people with IDD. Speakers will also describe how consistent evaluation of diversion outcomes assists with sustaining successful efforts and the creation of action plans to address gaps. Participants will hear from an author and person diagnosed with autism about his experience with the criminal justice system and how diversion could have been beneficial in his case.

Speakers:

Leigh Ann Davis, Director of Criminal Justice Initiatives, The Arc
Nick Dubin, Author/person with lived experience
Maria Fryer, Justice Systems and Mental Health Policy Advisor, Bureau of Justice Assistance, U.S. Department of Justice
Reginald “Reggie” Thomas, Criminal Justice & Disability Fellow, The Arc
Felicia Lopez Wright, Policy Analyst, Behavioral Health Division, the CSG Justice Center

Neli Latson Pardon

/in , , , /by Pam Katz

Overview: In 2010, Mr. Latson was an 18-year-old with autism and intellectual disability, waiting outside his neighborhood library in Stafford County, Virginia for it to open. Someone called the police reporting a “suspicious” Black male, possibly with a gun. Mr. Latson had committed no crime and was not armed. The resulting confrontation with a deputy resulted in injury to an officer when Mr. Latson understandably resisted being manhandled and physically restrained. This was the beginning of years of horrific abuse in the criminal justice system. Prosecutors refused to consider Mr. Latson’s disabilities, calling it a diagnosis of convenience and using “the R-word,” and rejected an offer of disability services as an alternative to incarceration. Instead, Mr. Latson was convicted, sentenced to ten years in prison, and punished with long periods of solitary confinement, Taser shocks, and the use of a full-body restraint chair for hours on end for behaviors related to his disabilities.

Virginia and national disability advocates, including The Arc urged then-Virginia Governor Terry McAuliffe to pardon Mr. Latson. In 2015, with bipartisan support from state legislators, Governor McAuliffe granted a conditional pardon. Although this released Mr. Latson from prison, it required him to live in a restrictive residential setting and remain subject to criminal justice system supervision for ten years. The terms of the 2015 conditional pardon meant Mr. Latson could be sent back to jail at any time, causing constant anxiety.

The Arc and other advocates continued to push for a full pardon which was finally granted by Governor Ralph Northam in 2021. The full pardon from Governor Northam recognizes Mr. Latson’s success since 2015 and relieves him from that ongoing threat. Mr. Latson now has the chance to live a satisfying and self-directed life in the community, free from burdensome, unfair restrictions and the constant threat of reincarceration, but unfortunately never free from the painful truth that Black people with disabilities live at a dangerous intersection of racial injustice and disability discrimination. Mr. Latson’s case galvanized disability rights activists, bringing national attention to overly aggressive and sometimes deadly policing, prosecution and sentencing practices and the horrifying mistreatment of people with disabilities in jails and prisons.

Case Documents

Pardon of Reginald Latson

Request for Complete Pardon and Other Relief for Reginald Latson

Press Releases

The Arc Calls on Governor McAuliffe to Grant Conditional Pardon for Neli Latson Immediately

The Arc Demands Full Pardon for Neli Latson, a Young Black Man With Autism, to Rectify Injustice

Coalition Demands Governor Northam Grant a Full Pardon of Neli Latson, a Young Black Man With Disabilities Subjected to a Decade of Injustice

Advocates Applaud Full Pardon of Neli Latson, a Young Black Man with Disabilities, After Decade of Injustice

Related Media

Washington Post: Stafford County woman confronts issues of race, autism after son’s arrest

Washington Post: Neli Latson is — finally — free. It only took 11 years, two governors and a national conversation about race and disability

The Hill: Amid Black Lives Matter protests, advocates seek pardon for autistic Black man convicted in 2010

Washington Post: Remember Neli Latson, the black teen with autism who seemed ‘suspicious’ sitting outside a library? Ten years after his arrest, he still isn’t fully free.

The Hill: Criminal injustice towards autistic individuals and the regrettable necessity of labeling autism a disability

Dallas Morning News: The U.S. justice system has an autism problem

Washington Post: In Va. assault case, anxious parents recognize ‘dark side of autism’

The Hill: Racial justice, disability rights, neurodiversity and cross-movement solidarity

OZY: Are Police Finally Learning to Deal With Autism? 

The Hill: Law enforcement’s efforts at greater autism awareness

Washington Post: Ruth Marcus: In Virginia, a cruel and unusual punishment for autism

Washington Post: A Black disabled teen went unheard in prison. People are now listening.

Phillips v. Florida

/in /by Pam Katz

State: Florida

Filed: February 16, 2021

Court: United States Supreme Court

Overview: This amicus brief address the issue of whether Hall v. Florida is retroactive as a matter of federal Eighth Amendment law.

Excerpt: “Hall stated explicitly that ‘[t]he clinical definitions of intellectual disability, which take into account that IQ scores represent a range, not a fixed number, were a fundamental premise of Atkins. And those clinical definitions have long included the SEM.’ Precisely because they were a fundamental premise of Atkins, the command of Hall that they be respected in conducting Atkins evaluations has got to be understood as enforcing a preexisting Eighth Amendment requirement, not creating a new one…The Florida Supreme Court’s decision below that ‘federal law does not require retroactive application of Hall as a new substantive rule of federal constitutional law’ appears on its face to be at odds with both Hall and Teague. Certiorari should be granted to determine whether it ‘conflicts with [those] relevant decisions of this Court.'”

Case Documents

Amicus Brief

Young v. Georgia

/in , , , /by Pam Katz

State: Georgia

Filed: October 5, 2020

Court: Supreme Court of Georgia

Overview: This amicus brief challenges Georgia’s “beyond a reasonable doubt” standard in determining intellectual disability in death penalty cases as creating a constitutionally unacceptable risk that defendants who have legitimate claims of intellectual disability will nonetheless be sentenced to death.

Excerpt: “Georgia was the first state in the Nation to establish a prohibition against executing individuals with ID thirteen years before the U.S. Supreme Court established a constitutional exemption in Atkins, and its leadership on the issue is to be commended…Despite Georgia’s early leadership on the issue, since Atkins not a single defendant in Georgia has been held to be exempt from execution due to ID pursuant to O.C.G.A. § 17-7-131.6 As set forth below, this onerous burden of “beyond a reasonable doubt” is inconsistent with the clinical diagnostic process and encourages jurors to default to stereotypes about people with ID.”

Case Documents

Amicus Brief

Georgia Supreme Court Decision

Related Media

The Atlanta Journal-Constitution: High court to be asked to overturn intellectual disability threshold