Abstract

People with learning disabilities are at increased risk of sexual violence yet such cases rarely progress through the Criminal Justice System. Given that people with learning disabilities are disproportionately represented but not exclusively studied within the broader research literature on attrition, this project represents an opportunity to address a knowledge gap and to understand barriers to justice for people with learning disabilities who have experienced rape or sexual assault. This work combines expertise from academia, third sector organisations, police, social work and health services in order to explore the criminal justice system in practice.

This paper presents the results of this exploratory qualitative study with particular focus on the conceptualisation of a ‘credible witness’ and the implications of this for people with learning disabilities. We discuss the assumptions of uniformity in risk assessment, communication and understanding that renders the process inherently discriminatory to those with atypical frames of reference. We conclude that the current system heightens vulnerability to sexual violence for people with learning disabilities and consider strategies for future change.