Child victims with disabilities: A guide for prosecutors
Abstract
Nearly 700,000 children experience abuse, maltreatment, or neglect each year, with the most
common allegations being physical neglect, physical abuse, and sexual abuse.1
1 National annual child abuse statistics cited from U.S. Administration for Children & Families, Child Maltreatment 2019. This
data, released annually, is the most current federal data available. https://www.acf.hhs.gov/cb/research-data technology/statistics-research/child-maltreatment
Since child abuse is
vastly underreported, this figure is not entirely reflective of the scope of the issue. Of the children that
experience child abuse and maltreatment, children with disabilities are affected at staggering rates, despite being underrepresented in our child protection and judicial systems.
Children with disabilities are at least three times more likely to be abused or neglected than their
peers without disabilities,2 and they are more likely to be seriously injured or harmed by
maltreatment.3
2
Jones, L. et al., (2012). Prevalence and risk of violence against children with disabilities: A systematic review and meta-analysis
of observational studies. Lancet, 380, 899–907. doi: 10.1016/S0140-6736(12)60692-8
3 Sedlak, A. J. et al. (2010). Fourth National Incidence Study of Child Abuse and Neglect (NIS–4): Report to Congress. Retrieved
from
At the same time, disabilities themselves are not monolithic and are often co-present. Accordingly,
prosecutors handling these important cases must be prepared to serve and advocate for individual
child victims’ unique physical, cognitive, and emotional needs. This obligation extends throughout the
prosecution, including: the pretrial process, preparation of the child to testify, development of
courtroom accommodations, expert witness and competency considerations, utilization of Individual
Education Programs (IEPs), jury selection, and integration of case themes. This guide addresses each
of these components of the prosecution and concludes with sample motions to implement
recommendations.
Description
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Article
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Keywords
child abuse, prosecution, court, disabilities, court preparation
Citation
Zero Abuse Project. (2022). Child victims with disabilities: A guide for prosecutors. Author.