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Outcomes of sexual assault court cases involving people with intellectual disabilities within the Western Cape: the association between conviction of the perpetrator and the complainants level of intellectual functioning

People with intellectual disabilities (PWID) are more likely to be survivors of sexual assault than people without intellectual disabilities (ID). Their cognitive, emotional, behavioral, and physical challenges increase their vulnerability and chances of being sexually assaulted. Despite this, indiv...

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Main Author: Jantjies, Roslyn Rolien
Other Authors: Shabalala, Nokuthula
Format: Thesis
Language:English
Published: Department of Psychology 2023
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access_status_str Open Access
author Jantjies, Roslyn Rolien
author2 Shabalala, Nokuthula
author_browse Jantjies, Roslyn Rolien
Shabalala, Nokuthula
author_facet Shabalala, Nokuthula
Jantjies, Roslyn Rolien
author_sort Jantjies, Roslyn Rolien
collection Thesis
description People with intellectual disabilities (PWID) are more likely to be survivors of sexual assault than people without intellectual disabilities (ID). Their cognitive, emotional, behavioral, and physical challenges increase their vulnerability and chances of being sexually assaulted. Despite this, individuals that disclose their sexual abuse face multiple barriers while seeking justice. This results in low prosecution and conviction rates of sexual offenders in cases involving complainants with ID. There is limited information available about specific factors that predict a court case outcome of sexual abuse cases involving PWID. This correlational study reviewed archival data of alleged survivors of sexual abuse with ID. The sample of 493 complainants had received assistance from Cape Mental Health (CMH) Sexual and Victim Empowered (SAVE) Program. This study showed that most of the complainants of sexual assault were female (86.8%), and 12.6% were male. Most complainants fell within the Mild ID range (54.6%), followed by Severe (20.3%) and Moderate ID (17%). More than half of the cases were withdrawn (58%), 22% of the perpetrators were found guilty, and 12% were acquitted of the charges. This study found that the ability to understand the consequences of sex and to refuse sexual advances increased the individual's ability to consent to sexual activity, while their ability to answer clarifying questions and take an oath significantly impacted their ability to testify in court. However, neither the ability to provide consent nor the ability to testify was significant in predicting the court case outcomes. This highlights the challenges complainants with ID face when seeking justice for sexual abuse. Sexuality education for PWID may mitigate their risk of sexual abuse and serve as a protective factor. Furthermore, the public's awareness regarding the rights of, and responsibilities towards, PWID may also decrease their vulnerability and protect PWID from injustice.
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license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2023
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spelling oai:open.uct.ac.za:11427/37980 Outcomes of sexual assault court cases involving people with intellectual disabilities within the Western Cape: the association between conviction of the perpetrator and the complainants level of intellectual functioning Jantjies, Roslyn Rolien Shabalala, Nokuthula Wild, Lauren clinical psychology People with intellectual disabilities (PWID) are more likely to be survivors of sexual assault than people without intellectual disabilities (ID). Their cognitive, emotional, behavioral, and physical challenges increase their vulnerability and chances of being sexually assaulted. Despite this, individuals that disclose their sexual abuse face multiple barriers while seeking justice. This results in low prosecution and conviction rates of sexual offenders in cases involving complainants with ID. There is limited information available about specific factors that predict a court case outcome of sexual abuse cases involving PWID. This correlational study reviewed archival data of alleged survivors of sexual abuse with ID. The sample of 493 complainants had received assistance from Cape Mental Health (CMH) Sexual and Victim Empowered (SAVE) Program. This study showed that most of the complainants of sexual assault were female (86.8%), and 12.6% were male. Most complainants fell within the Mild ID range (54.6%), followed by Severe (20.3%) and Moderate ID (17%). More than half of the cases were withdrawn (58%), 22% of the perpetrators were found guilty, and 12% were acquitted of the charges. This study found that the ability to understand the consequences of sex and to refuse sexual advances increased the individual's ability to consent to sexual activity, while their ability to answer clarifying questions and take an oath significantly impacted their ability to testify in court. However, neither the ability to provide consent nor the ability to testify was significant in predicting the court case outcomes. This highlights the challenges complainants with ID face when seeking justice for sexual abuse. Sexuality education for PWID may mitigate their risk of sexual abuse and serve as a protective factor. Furthermore, the public's awareness regarding the rights of, and responsibilities towards, PWID may also decrease their vulnerability and protect PWID from injustice. 2023-06-27T13:34:13Z 2023-06-27T13:34:13Z 2023 2023-06-27T13:33:16Z Master Thesis Masters MSc http://hdl.handle.net/11427/37980 eng application/pdf Department of Psychology Faculty of Humanities
spellingShingle clinical psychology
Jantjies, Roslyn Rolien
Outcomes of sexual assault court cases involving people with intellectual disabilities within the Western Cape: the association between conviction of the perpetrator and the complainants level of intellectual functioning
thesis_degree_str Master's
title Outcomes of sexual assault court cases involving people with intellectual disabilities within the Western Cape: the association between conviction of the perpetrator and the complainants level of intellectual functioning
title_full Outcomes of sexual assault court cases involving people with intellectual disabilities within the Western Cape: the association between conviction of the perpetrator and the complainants level of intellectual functioning
title_fullStr Outcomes of sexual assault court cases involving people with intellectual disabilities within the Western Cape: the association between conviction of the perpetrator and the complainants level of intellectual functioning
title_full_unstemmed Outcomes of sexual assault court cases involving people with intellectual disabilities within the Western Cape: the association between conviction of the perpetrator and the complainants level of intellectual functioning
title_short Outcomes of sexual assault court cases involving people with intellectual disabilities within the Western Cape: the association between conviction of the perpetrator and the complainants level of intellectual functioning
title_sort outcomes of sexual assault court cases involving people with intellectual disabilities within the western cape the association between conviction of the perpetrator and the complainants level of intellectual functioning
topic clinical psychology
url http://hdl.handle.net/11427/37980
work_keys_str_mv AT jantjiesroslynrolien outcomesofsexualassaultcourtcasesinvolvingpeoplewithintellectualdisabilitieswithinthewesterncapetheassociationbetweenconvictionoftheperpetratorandthecomplainantslevelofintellectualfunctioning