Physical and Sexual Abuse of the Disabled - There are Remedies
By: William C. Illingworth
Emotional, physical and sexual abuse of individuals with physical and psychological disabilities is a problem which is growing in magnitude in this country. The care of disabled individuals is sometimes entrusted to facilities with employees who are under-qualified, disinterested in providing adequate care and supervision or purposely work to harm their clients. Many acts of abuse go unnoticed. The disabled are often unable or unwilling to effectively communicate the wrongful conduct to others. Further, when a claim is brought to light, it is often ignored. However, the law provides certain rights to the disabled which should be enforced by those interested in their care.
Violence against individuals with disabilities occurs in a variety of settings. Commonly, the abuse occurs when the individual receives in-home services from a professional agency or is placed in an institution or sheltered workshop. In these situations, the individual will come into contact with a large number of people, some which may pose a threat to the safety of the individual. Also, should an institutional or sheltered workshop fail to provide adequate supervision, the individual may become subject to harm from other disabled individuals.
Individuals with disabilities are, as a segment of the general population, particularly prone to abuse. Individuals with disabilities may not understand that they are being abused or, in even worse scenarios, have been subjected to such continued abuse for such a long period of time that the conduct is perceived by the individual as being normal. Further, an individual may not have loved ones or family members to protect them. Many disabled individuals lack the ability to effectively communicate that they have been harmed or may feel ashamed to do so.
The extent of the problem is staggering. Research indicates that, at this time, forty percent (40%) of women with disabilities have been sexually assaulted, raped or abused. (Stimpson and Best, 1991) Further, eighty-three percent (83%) of disabled women will be sexually assaulted at some point of their lifetime. (Stimpson Best 1991). More bothersome is the fact that a large portion of the abuse occurs from the professionals which purport to provide care for the individuals. Thirty-nine percent (39%) of the disabled placed in institutional settings have been assaulted by a member of the staff of the institution. (Nibert, et al., 1989). Twenty-seven percent (27%) have been sexually assaulted by a staff member. (Nibert, et al., 1989). Amazingly, forty-one percent (41%) of nurses and aids acknowledge engaging in physical abuse of clients or patients. (Pillemar and Moore, 1990).
There are remedies available to those whom have endured abuse and violence. In Illinois and Indiana, a client of a sheltered workshop or a mental health or rehabilitation facility possesses a right to humane care and to be free from abuse. When a client or patient has been assaulted by a member of the staff of the facility this duty is breached and the individual should be entitled to damages and other relief. A facility is also required to protect their clients and patients from harm. If a facility fails to adequately supervise its clients or patients and a client or patient is harmed, the law may allow the individual or his or her loved ones a cause of action against the facility. In many cases, the individual's federal civil rights may have also been violated due to the conduct of the facility.
This law firm has assisted and will continue to assist the disabled and their families. We have a extensive experience in this area and our practice ranges throughout Illinois, Indiana and Kentucky. Should you be aware of an individual who has wrongly suffered from abuse, please contact us so that we may assist in the situation.