He is one of a countless number of people with a disability who have been denied justice through the court system.

John says the police were kind when he reported the assaults, but was told they did not take the case to court because of his communication impairment.

“After the police took my statement they never contacted me. Eventually I learned why. The process left me feeling as though I did something wrong,” he said. 

“It is still upsetting to think about. I live the embarrassment of the statement when I think about the process.”

John’s story was told at Federation University’s public forum on World Human Rights Day. It is a story Federation University researcher Rachel Hale says is horrifyingly common for people with a disability. 

The prevalence of sexual assault and family violence is higher for people with a disability than the rest of the population. Statistics show women are most at risk. 

Nine in 10 women with an intellectual disability have been sexually abused, according to the Australian Human Rights Commission. 

Data shows one in four people who report sexual assault are people with disabilities, but so many of those cases are not taken to court. 

Dr Hale says the statistics are ‘depressing’. She explained a number of recent inquiries and reports into abuse in disability services have indicated that abuse is widespread.

She too is facing the ‘terrible reality’. Her recent diagnosis of multiple sclerosis means she may have to rely on services in the future. 

“It is not just a few bad apples, abuse from services is widespread,” Dr Hale says. 

“In addition to improvements in front-line service delivery, oversight must continue to be strengthened, particularly in the context of the roll-out of the NDIS and the subsequent national safeguarding framework.”

Federation University senior lecturer criminal justice Marg Camilleri says people with a disability do not have equal access to the justice system. 

“We know women with cognitive disability are over-represented as victims of sexual assault but it does not correlate with their representation at court,” she says. 

“There are barriers to reporting crime because of not being believed, feeling nothing can be done and stereotypes about credibility and capacity.  A common response I hear over and over again is the feeling nothing can be done.

“There is the story of a young man whose father went to the police and reported years of abuse his son had been subjected to. Police suggested there was no point going ahead because son had autism and wouldn’t get far in the justice system.

“Whether that person will be a good witness and will be articulate enough at court is a factor in the police’s decision to take the report and investigate it.”

Dr Camilleri is calling for a holistic coordinated approach to acknowledge the diversity of people with a disability to make the justice system accessible for people with complex needs. This would include mandatory training for members of the judiciary. 

“To be treated equally means that people with disabilities must be treated differently,” she says. 

“It is not enough to say we have an accessible justice system and not respond to the needs of individuals in a diverse society.”

The presentation on human rights of people with a disability was one of five sessions hosted by Federation University at Ballarat Technology Park on Monday.

The forum recognised 70 years since the Universal Declaration of Human Rights was proclaimed by the United Nations as a common standard of achievements for all peoples and all nations. 

*not his real name