Is Assault on a Disabled Person a Felony?
Background
Disability rights organizations and advocacy groups have repeatedly highlighted the importance of understanding and addressing violence against disabled individuals. In the United States alone, it’s estimated that approximately 70% of disabled individuals face some form of violence every year, including physical abuse, sexual abuse, emotional abuse, and neglect (1).
Assaults on disabled persons are frequently underreported and often not taken as seriously as violent crimes perpetrated against non-disabled individuals (2). Given the pervasive nature of such violence, it’s essential to address the legal questions surrounding the classification of these crimes, including whether assaulting a disabled person is always a felony.
In the United States
Currently, assault on a disabled person can result in serious legal consequences, including charges of felonious assault and potentially substantial imprisonment. Each state in the United States has its unique laws, but we can examine federal laws and state-specific legislations to determine the consistency and extent of felony sentencing.
Federal laws, under the Rehabilitation Act of 1973, prohibit disabled individuals from being subjected to physical abuse, including but not limited to, rape, sodomy, prostitution, involuntary servitude, and mental anguish (43 U.S.C. 12141(8C)) (3). Despite this legal framework, a significant majority of assaults are committed by someone known to the disabled person, frequently a caregiver or family member (1). This poses a major challenge in applying federal laws effectively.
The Americans with Disabilities Act of 1990 (ADA) does not explicitly make assault a crime, although it has led to advancements in access and inclusion initiatives (Pub. L. 101-336).
State Laws
Examining state-specific laws paints a varied picture. As of 2022:
- 46 states charge assault against disabled individuals with a felony offense (Texas, West Virginia, Wyoming, North Carolina, Indiana, Mississippi, and Massachusetts have the same or increased penalties).
- 40 states charge physical abuse and neglect against disabled individuals, including emotional and sexual abuse, with felony offenses.
Sentencing and Outcomes
Penalties vary significantly from state to state. Consider the following instances:
- California: Maximum sentence: 4 to 9 years in state prison
- Florida: Maximum sentence: 1 to 30 years imprisonment
- Texas: 2-20 years for Class B felony
Considering the jurisdictional differences in sentencing and legislation, convictions for assaults against disabled persons can be extremely variable:
- Federal jurisdiction: Sentence range of 0 to 30 years imprisonment under the Armed Career Criminal Act (ACCA) 18 USC § 3241)
- State-level jurisdiction: Ranges in length of sentence, punishment, or potential fines.
Lack of uniform penalties and understanding within the same jurisdiction:
- Difficulty in ascertaining sentences for violent crimes against individuals with intellectual or developmental disabilities
- Limited acknowledgment of abuse among family or caregivers as distinct from outsider perpetrators (4)
Despite the various interpretations and nuances, understanding and addressing legal frameworks supporting protections for people with disabilities are crucially important in recognizing the distinct vulnerabilities experienced by individuals with a range of impairments or disabilities. The legal arena must align its responses accordingly.
Implications and Directions for Reform
- Advancements in criminal justice procedures: Enhancements in case documentation, investigating, and handling procedures related to incidents of violence could improve overall handling and result in fairer outcomes, especially regarding jurisdictional uncertainty.
- Increased coordination and partnerships: Collaboration with disability-focused organizations, caregiver networks, and advocacy initiatives can boost recognition of threats and contribute to more efficacious enforcement strategies.
- More comprehensive crime reporting mechanisms: Establish systems for incident reporting, awareness campaigns, and streamlined data exchange between service providers, shelters, hospitals, and crime reporting services, enabling precise tracking, identifying patterns of abuse.
- Holistic treatment and training: Offering evidence-based solutions for caregiver stress, capacity building in inclusive communication styles, recognizing vulnerabilities, empowering individuals and professionals to make informed reporting choices.
Conclusion
While the complexities of interpreting the legal climate surrounding violence against disabled people are profound, it has become necessary to acknowledge their vulnerability as it relates to assault convictions and sentencing considerations. Despite federal and state-level actions aimed at offering protections under specific laws or regulations, legal frameworks consistently fall short.
The prevalence of undeterred prosecution, combined with the prevalence of attacks against disabled people, drives an urgent push for targeted action. Improving incident documentation, implementing partnerships for comprehensive reporting methods, empowering reporting choices while providing appropriate education and comprehensive treatment initiatives would mark significant progresses in strengthening and refining efforts to create justice for disability rights advocacy groups.
Given the inherent diversity of interpretations and convictions under existing rules, creating consistency in crime reporting methods and enhancing punitive measures specifically geared toward assaults within the sphere of disability community will enable policymakers to navigate the critical concerns of such cases in the United States.
Remember to stay patient, active, and resolute for betterment’s sake:
Federal Laws State Laws | |||
---|---|---|---|
RA 1973 | ADA | ||
* Prohibit | (1990) * 1st steps towards disabilities Act equality (still no laws explicitly) addressing assault (still | need for state-based law protections) |
References:
- [1-4]** Disabled World article: Facts on Violence Experienced by Individuals with Disabilities https://www.disabled-world.com/disability/societyviolence-facts.php [Accessed April 19,2023] .