Equal before the Law: d4d announces Justice Policy
28/02/2014
Dignity for Disability today announced its justice policy – a plan for reform that will give all people an equal voice and status in South Australia’s legal system.
Party Leader Kelly Vincent MLC launched the policy at Elizabeth Magistrates Court as accessible taxi driver Chen Cao entered sentencing for sexually assaulting a woman with disabilities who was a passenger in his cab.
“Mr Cao’s victim is unable to talk because of physical and intellectual disabilities,” said Ms Vincent. “Thankfully in this instance there was video footage of the assault that was used as evidence against Mr Cao, but there are many, many victims in South Australia who have not seen justice because the law considers their evidence to be unreliable or inadmissible.”
“People with complex communication needs and those with intellectual disabilities are proven to be particularly vulnerable to sexual assault – yet these are precisely the people who are silenced by our legal system. Dignity for Disability has been working to improve the justice system for three years and are proud to release our justice policy today because we know that it will make tomorrow a better day for South Australians with disabilities.”
Dignity for Disability’s Equal before the Law Plan consists of four major areas of change:
– First point of contact. The police and other investigative agencies need to implement compulsory training of all officers in disability so there is a basic awareness of how different disabilities can affect communication and behavior. Additionally, the police force should have officers trained to a high level who can conduct interviews with people with disabilities in an appropriate manner, using communication aids and assistants as necessary.
– Amend the Evidence Act. The Evidence Act should be amended to make testimony offered by people with complex communication needs through a communication assistant admissible. Further amendments must be made to delete the existing discrimination against the testimony and evidence of people with intellectual disability.
– Create a mandatory reporting system. A mandatory reporting regime for people with disabilities living in care or accessing care services should immediately be enacted by legislation.
– Establish a specialist disability forensic unit. Statistics show that people with disabilities are over-represented in South Australian prisons. Prisons are ill-equipped – both in terms of infrastructure and training of staff – for prisoners with disabilities and those with high levels of need should be accommodated in a specialist facility for their own safety and wellbeing and that of others.
