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The Americans with Disabilities Act of 1990 defines disability as “a physical or mental impairment that substantially limits one or more of the major life activities of [an] individual” (ADA, §3 (2) A, 42 U.S.C. §12102 (2)(A)). People with disabilities constitute as much as one-fifth of the American population. According to the 1994 Survey of Income and Program Participation, about 54 million people have some form of disability.

While a great deal of data are collected about the victimization of a variety of demographic subgroups of the population, there are relatively few data available on the victimization of people with disabilities. Neither of the two major national statistical programs that measure the extent of crime in the United States—the FBI's Uniform Crime Reports and the National Crime Victimization Survey (NCVS) conducted by the Bureau of Justice Statistics—has the capability of producing estimates of crime against people with disabilities. What is known about such victimization is derived from a number of small-scale studies, which have consistently found that people with disabilities are more vulnerable to many types of crime than people without disabilities.

Extent and Nature of the Problem

Most of the studies that have been conducted have examined the experiences of small samples of people with specific types of disability. Many have focused on victimization of people with developmental disabilities. Developmental disabilities are severe, chronic mental or physical impairments, manifested by age twenty-two and expected to last indefinitely, that result in substantial functional limitations in three or more major life activities, such as self-care, learning, capacity for independent living, and economic self-sufficiency.

A majority of people in the United States with developmental disabilities have intellectual impairments such as mental retardation. One study often cited (Sobsey et al. 1995) that incorporated estimates based upon a review of the existing literature estimated that people with developmental disabilities were four to ten times more vulnerable to crime victimization than people without disabilities. A 1992 Australian survey (Wilson and Brewer) was administered to a sample of people with cognitive disabilities using a questionnaire modified from the Australian Victims of Crime survey. The study found that for violent crimes, the vulnerability of people with disabilities ranged from about three times higher for assault to thirteen times higher for robbery.

At least one study (Hard 1986) has found that people with intellectual disabilities are also subject to repeat victimization, often at the hands of care providers or family members. In this study, 83 percent of the women in the sample reported being sexually assaulted in their lifetimes; of these, nearly half had been sexually assaulted ten or more times. And a 1993 study (Crosse et al.) found that children with disabilities were 2.1 times as likely to endure criminal physical abuse and 1.8 times as likely to experience sexual abuse as children without disabilities.

In a study of sexual assaults of people with disabilities (Sobsey and Doe 1991), almost half of the offenders had a relationship with the victims that appeared to be specifically related to their disability—most often that of a service provider, such as a personal care attendant, psychiatrist, or residential care staff person.

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