Disability Action is a Northern Ireland-based pan-disability organisation. We have worked with d/Deaf and disabled people, Disabled People’s Organisations (DPO’s), and Civic Society Organisations (CSOs) across the region in the development of this report. This report has been compiled by d/Deaf and disabled people.

• Disability Action welcome the opportunity to comment on the Joint Strategy for Investigating and Prosecuting Serious Sexual Offences.
• We are however dismayed that the plan does not address the disproportionate impact of domestic and sexual violence on d/Deaf and disabled women or the lack of accessible provision.

Article 16 of the UN Convention on the Rights of People with Disabilities requires that the Executive, Assembly and UK Government should take all appropriate measures to protect d/Deaf and disabled people, particularly women from all forms of abuse, violence, and exploitation¹. The UNCRPD Committee raised concerns, in its (2017) concluding observations, regarding the abuse, ill-treatment, sexual violence and exploitation of women, children, intersex persons, and elderly persons with disabilities. The Committee recommended the following actions to be undertaken in partnership with DPOs and in line with target 16.3 of the Sustainable Development Goals:

• Measures to ensure equal access to justice and to safeguard persons with disability from abuse, ill treatment, sexual violence, and exploitation;
• Measures to ensure that all facilities and programmes are effectively monitored in line with article 16 (3) of the Convention².

The UK has not ratified the Istanbul Convention³ which provides a legal framework to tackle numerous forms of Violence Against Women and Girls (VAWG), including domestic violence, rape, sexual assault, female genital mutilation (FGM), and so-called ‘honour-based’ violence, and forced marriage. It has been termed the ‘gold standard approach’ to tackling these widespread instances of gender-based violence⁴.

There does not appear to have been a specific focus on domestic violence against d/Deaf and disabled people in Northern Ireland⁵. Research undertaken on behalf of the Equality Commission NI (2014) on UNCRPD compliance in NI reported that the absence of comment from stakeholders on Article 16⁶ (UNCRPD Freedom from exploitation, violence, and abuse) issues is itself perhaps ‘a sign of a lack of government and statutory organisations places emphasis on what are difficult issues⁷. The report also indicated that policies and programmes to deliver on Article 16 will need to have a clear basis in the particular experiences of violence, exploitation, and abuse of deaf and disabled people.

d/Deaf and disabled women and girls are more likely to experience sexual violence than non-disabled women and girls⁸. We are at greater risk of violence, abuse, and exploitation than people who are not disabled⁹. We experience disproportionate levels of domestic violence and face barriers to accessing appropriate support¹⁰. The marginalised status d/Deaf and disabled women leads to increased powerlessness

generating a greater risk of abuse¹¹. Research has indicated that abusers exploit both the powerlessness of d/Deaf and disabled women and the barriers we experience in accessing support to abuse us¹².

Evidence suggests that we are two times more likely to suffer physical abuse from an intimate partner than non-disabled women¹³ and that d/ Deaf and disabled women who experience domestic abuse face compound oppression¹⁴. The ongoing Covid-19 crisis has been connected to an increased risk of domestic violence against us¹⁵. Some of the factors which influence this include increased risk of isolation, increased physical, emotional, and economic dependency, an absence of service provision, difficulties recognising and identifying disability-related abuse, and cultural or societal barriers to accessing support ¹⁶. It should be noted that d/Deaf and disabled women can experience restrictions in access to other people, mobility, and medication¹⁷.

A review by Public Health England in 2015¹⁸ expressed a view that domestic violence against d/Deaf and disabled women was under-reported. Nonetheless, the report concluded that we experience disproportionately higher rates of domestic abuse¹⁹ and more frequent abuse over longer periods of time than non-d/Deaf and disabled

people’ ²⁰. We may also experience domestic abuse in wider contexts and by greater numbers of significant others, including intimate partners, family members, personal care assistants and health care professionals. d/Deaf and disabled people also encounter differing dynamics of domestic abuse, which may include more severe coercion, control, or abuse from carers²¹. d/Deaf and disabled victims are more likely to report abuse from multiple perpetrators: one in five (19%) compared with one in twenty (6%) for non-disabled people.²²

There is a lack of specialist services for d/Deaf and disabled people²³. d/Deaf and disabled people who experience communication challenges may experience barriers in accessing justice. This can mean that d/ Deaf and disabled women remain in dangerous situations²⁴. Women who are experiencing violence in which a carer is the perpetrator experience significant barriers to reporting²⁵.

Women participants in research conducted by Disability Action on behalf of the Equality Commission reported that they had experienced high levels of abuse²⁶.

Case Study 1

A young woman with autism participating in the research provided a disturbing account of lifelong abuse and exploitation. This included being encouraged by a parent to take a dog for a walk with men who abused her. The young woman had nowhere to turn to for help or support. She reported the abuse and was not taken seriously by authorities. The content provided by the young woman in this case study was so disturbing that it has yet to be fully published due to the need to carefully plan and process.

The potential for abuse can be greater within institutional settings as demonstrated by the launch of a Public Investigation into events at Muckamore Abbey Hospital²⁷ and the Older Person’s Commissioner’s report on Dunmurry Manor²⁸ both of which include evidence of violence against and the abuse of d/Deaf and disabled women. It is essential that there are clear mechanisms for reporting, investigating and prosecuting abuse in residential settings. It is essential that abuse in residential and institutional settings is not considered to be a quality assurance issues and that clear pathways to criminal justice exist.

d/Deaf and disabled people organisations have reported that the police and criminal justice system fails d/Deaf and disabled women reporting sex crimes.²⁹ There is a significant gap in service provision for deaf and disabled women which must be addressed urgently. Given that d/Deaf and disabled women are more susceptible to domestic and sexual violence and abuse, it is essential that awareness raising activities are accessible to us. It is essential that our experiences are visible within campaigns. Disability Action recommend that prevention programmes are accessible by d/Deaf and disabled children and available in appropriate formats. It is essential that addressing harmful behaviour strategies address abuse within health and social care settings and the particular vulnerabilities of d/Deaf and disabled people within both institutional and home settings.

There is a lack of specialist services for d/Deaf and disabled people experiencing domestic violence and many services are inaccessible³⁰. A BBC investigation in 2018 found that just one in ten domestic violence refuge spaces in the UK is accessible to Disabled people with physical impairments³¹. d/Deaf and disabled people who have communication challenges may experience barriers in accessing helpline support.

Women with physical disabilities and who are parents of d/Deaf and disabled children may experience barriers in accessing appropriate refuge. This can mean that d/Deaf and disabled women remain in dangerous situations. Equal access to services by d/Deaf and disabled people is critical if we have any chance of living a life free from violence and abuse.

d/Deaf and disabled people experience significant barriers to justice this including lack of specialist provision, high costs, misconceptions of d/ Deaf and disabled people and accessibility barriers³². The lack of sign language interpreters is a significant barrier for Deaf people³³. Disability Action is calling for a bespoke advocacy provision for d/Deaf and disabled people which is based upon the independent advocate model this would ensure that all d/Deaf and disabled people experiencing domestic and sexual violence and abuse would have access to high-quality advocacy to ensure that their voice is heard, and needs are met. This provision should include support to navigate the criminal justice system. It is well recognised that d/Deaf and disabled people experience barriers in accessing justice³⁴.

Case Study 2

A woman with severe learning disabilities experienced a violent assault on a ward. CCTV footage was available of the assault. The PPS decided not to proceed with the case. The reason given was that the woman could not articulate impact as she was non-verbal.

The effectiveness and responsiveness of the public prosecutions system hinges upon vulnerable voices being heard and being taken seriously. The question then arises as to how the ‘best evidence’ of such witnesses can be best facilitated. d/Deaf and disabled people should have access to appropriate advocacy, intermediaries, and aids to communication.

Given the extreme vulnerability of d/Deaf and disabled women to abuse it is essential that identification and risk strategies are targeted specifically towards d/Deaf and disabled women and girls. Monitoring processes must collect data regarding the level of domestic, sexual abuse and violence experience by d/Deaf and disabled people and particularly women and girls.

Disability Action propose the following recommendations:

• The PSNI and PPS avail of disability awareness training
• Meaningful, well-resourced, and accessible co-production with d/ Deaf and disabled women and girls and their organisations.
• Increased accessibility for d/Deaf and disabled women in reporting an incident and throughout any resulting criminal process, including through the provision of sign language interpreters, and independent support to fill out forms, etc;
• Development of prevention programmes aimed at changing attitudes and norms that encourage abuse
• Investment in bespoke advocacy services for d/Deaf and disabled women to ensure that their voice is heard, and needs are met. This provision should include support to navigate policing and the criminal justice system.
• Recognition of the need to ensure that non-verbal people and those with learning difficulties have access to justice and are provided with advocacy, intermediaries, and communication support.
• A clear pathway for reporting, justice, and prosecution for cases of institutional abuse and abuse in residential settings.

For further information contact Nuala Toman, Head of Policy at [email protected]

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1 UN General Assembly (2007): Convention on the Rights of Persons with  Disabilities: resolution/adopted by the General Assembly, 24 January 2007, A/RES/ 61/106 Article 16 (accessed 4 November 2021).

2 Committee on the Rights of Persons with Disabilities (2017): Concluding Observations on the Initial Report of the United Kingdom of Great Britain and

Northern Ireland, UN: CRPD/C/GBR/CO/1, paragraph 38 (accessed 3 November 2021).

3 CUHRLS (2020): Why hasn’t the UK Government ratified the Istanbul Convention  eight years after signing it?  (accessed 30 December 2021).

4 UN Women (2013): Comment made by then-UN Women Deputy Executive  Director, Lakshmi Puri: The Istanbul Convention: strengthening the response to  ending violence against women. (accessed 30 December 2021).

5 Byrne B., Harper, C., Irvine R. S., Russell H. and Fitzpatrick B. (2014): UNCRPD:  Shortfalls in public policy and programme delivery in Northern Ireland relative to the Articles of the UNCRPD, p.100 (accessed 24 October 2021).

6 UN General Assembly (2007): Convention on the Rights of Persons with  Disabilities: resolution/adopted by the General Assembly, 24 January 2007, A/RES/ 61/106 Article 16 (accessed 4 November 2021).

7 Ibid, p. 100.

8 HM Government (2021). The end-to-end rape review report on findings and actions. CP 437, [online] June, p.4. Available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/ attachment_data/file/1001417/end-to-end-rape-review-report-with-correction-slip.pdf Accessed on: X

9 DfC (2020): Disability Strategy and Expert Advisory Panel: Report and Recommendations, p.58 (accessed 10 October 2021).

10 DfC (2020): Disability Strategy and Expert Advisory Panel: Report and  Recommendations. pp.59-60 (accessed 10 October 2021).

11 Drill (2019) Tackling Violence against Women and Girls (accessed 16 April 2022)

12 Ibid

13 Slayter, E. (2009): Intimate partner violence against women with disabilities: implications for disability service case management practice, Journal of Aggression, Maltreatment and Trauma 2009, 18: pp.182–199. doi:10.1080/ 10926770802675668 reference in Breckenridge et al. BMC Pregnancy and Childbirth 2014, 14:234. Available at http://www.biomedcentral.com/1471-2393/14/234 (accessed 30 October 2021).

14 Nixon, J. (2009): Domestic violence and women with disabilities: locating the issue on the periphery of social movements, Disability and Society 2009, 24:77–89.

¹⁵Hughes, K. et al (2012): Prevalence and risk of violence against adults with disabilities: a systematic review and meta-analysis of observational studies. Hughes, K. et al. The Lancet, 2012, Vol. 379. 30; Trevillion, K. et al. (2012): Experiences of domestic violence and mental disorders: a systematic review and meta-analysis.

16 Drill (2019) Tackling Violence against Women and Girls (accessed 16 April 2022)

17 Harpur, P., & Douglas, H. (2014). Disability and domestic violence: protecting survivors' human rights. Griffith Law Review, 23(3), 405-433

18 Public Health England (2015): Disability and domestic abuse - Risk, impacts and response, p.7 (accessed 2 November 2021).

19 Ibid, p.4.

20 Ibid, p.4.

21 Ibid, p.4.

22 SafeLives (2017): Disabled Survivors Too: Disabled people and domestic abuse. p.17 (accessed 2 November 2021).

23 DfC (2020): Disability Strategy Expert Advisory Panel: Report and Recommendations, p.118 (accessed 10 October 2021).

24 Smith, K., & Miles, C. (2017). Nowhere to turn: findings from the first year of the No Women Turned away project. Bristol: Women's Aid Federation of England.

25 Drill (2019) Tackling Violence against Women and Girls (accessed 16 April 2022)

26 Toman, N (2022) Progress Towards the Implementation of the UNCRPD in  Northern Ireland. (accessed 20 March 2022)

27 DoH (2020): Muckamore Abbey Hospital - Public Inquiry (accessed 2 November 2021).

28 COPNI (2020): Commissioner for Older People concludes his Home Truths  investigation into Dunmurry Manor Care Home (accessed 15 December 2021).

29 Bateman, C. (2021). Sexual violence allegations brought by disabled women 'not going to court', campaign group says. Sky News, [online] 1 August. Available at: https://news.sky.com/story/sexual-violence-allegations-brought-by-disabled-women-not-going-to-court-charity-says-12368315

30 DfC (2020): Disability Strategy Expert Advisory Panel: Report and  Recommendations, p.118 (accessed 10 October 2021).

31 BBC News (2018). Why disabled women can't access all refuges. BBC.co.uk, [online] 28 November. Available at: https://www.bbc.co.uk/news/uk-46371441  (accessed 17 April 2022).

32 Toman, N (2022) Progress Towards the Implementation of the UNCRPD in Northern Ireland. (accessed 20 March 2022).

33 Drill (2019) Tackling Violence against Women and Girls (accessed 16 April 2022).

34 Toman, N (2022) Progress Towards the Implementation of the UNCRPD in  Northern Ireland. (accessed 20 March 2022)