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Tag Archives: abuse

Secret Shame of Queer Hate Laws: How Intellectually Disabled Victims are Caught in Their Snare

By David Ayliffe

The fact that there are still places in the world today where people can be imprisoned, sometimes for life, or be executed for how they look or how they behave in private should be an international crime. Yet it is promoted by hate preachers of various religions and creates a culture of extreme cruelty.

Human Rights Watch says that at least 67 countries have national laws criminalizing same-sex relations between consenting adults, and that at least nine countries have national laws criminalizing forms of gender expression that target transgender and gender nonconforming people.

What is wrong with live and let live? What is wrong with life respecting the privacy and lives of others?

I run a small disability service with some wonderful cognitively impaired participants who I call “Supers”. Each of them have Super talents that I love and envy. The ability to see the world, no matter their age, with the excitement of wide-eyed children and to love those unconditionally who show them care, are just two of those talents.

Sometimes I think the rest of us are sometimes just too old from an early age and too concerned with economies of growth.

Living in any of those 67 countries Human Rights Watch names some of my Supers could easily have been imprisoned at various stages of their lives.

You see, every person working with people who have cognitive disabilities or acquired brain injuries will at some time be challenged by what the rest of society thinks is inappropriate behaviour.

Most organisations have had to tick all kinds of boxes and write copious reports after a minor, or major, sex incident has occurred.

In the past year in my small organisation I have had to do the same but not being a major provider with all kinds of constraints on my responses and extra box ticking I was challenged to find a way through what could have been a terrible occurrence.

Without going into details let me just say you take a physically mature adult with a child’s mind and an adult’s sexual desires and you have a recipe for not so much disaster but certainly a challenge.

We all understand and have witnessed our children, or remembered ourselves, discovering for the first time that our private bits are different from someone else. Boys and girls, boys and boys, girls and girls. We also know that children sometimes will play the equivalent of “you show me yours, and I’ll show you mine.”

A capital offence? Bring back the guillotine? Employ the hangman?

In my case I negotiated with parents, researched the appropriate responses that I should take to protect my participants in future, and this included the primary offender. Without the proper response the primary offender could have been charged with a sexual offense. Yet the adult male has a disorder of the brain from birth. He might be middle aged, but in every other sense than physical he is a little child.

Deal with the adult in one way. Punish them, exclude them, teach them of the significance of their misbehaviour, even imprison them but surely you deal with a child differently, and this adult is definitely a child.

I’m grateful for understanding and compassionate parents of those involved who were horrified by what happened but didn’t want to see the lash brought out to deal with the one at fault.

All kinds of appropriate steps have been taken since to make sure this doesn’t happen again.

Just consider what might have happened in Uganda where a new law, worse than the former, strengthens the homophobic anger of the state against anyone who is different. Be sure, if signed into law by the President it will see homosexuals caught in the act (how indeed you might ask), imprisoned for 10 years and some sentenced to death. These are people who are consenting adults. Different of course for those who abuse minors and I’m not prepared to address except to say that I stand with the abolition of capital punishment everywhere.

Trans people and Lesbians will also face the full effect of law. Imagine if the state was successful in dealing with all people it labels as deviants (aside from politicians) this could be 7 per cent of the population (generally considered the percentage of LGBTIQ people throughout the world). Now estimates from 2021 put the population of Uganda at 45.85 million. That means Uganda would have to find the means to imprison or kill over 3 million of its people. Does that make sense? Only if you want to decimate an already impoverished nation. And that is just Uganda. What about the rest of the 67 countries Human Rights Watch lists. Forget the Global Financial Crisis if all those countries chose the same actions our world economies and populations could well be completely stuffed.

Leaving that aside, let’s come back to the issue of disability. Working with people born with intellectual disabilities, acquired brain injuries or dementia for that matter you have to be prepared for a continuing learning curve that sometimes seem to spiral up or down.

When any of these people identify as same sex attracted, or wishing to dress in clothing different to their birth gender, what do you do? You can’t rationalise with them. It just doesn’t work. Tell them it’s wrong, they are naughty, the Bible says ditsy squat and they won’t get you at all. Take the actions of the law in Uganda and the simple answer: imprison them if they do or say something wrong; kill them if they influence others.

I seriously wonder how many people have been wrongly treated or imprisoned by the state in various countries of the world through suffering from autism spectrum disorder or a host of other diagnosed intellectual maladies. It must have happened. These untold stories of people victimised who were never in a position to speak up for themselves.

And so I think of the proposed law in Uganda with enormous grief and disdain. The small charity with which I have been working for the past two years has seen the deaths of too many gay, lesbian and trans people in East Africa. We have seen people burned to death, others subjected to curative rape where girls become pregnant to unknown assailants and are challenged to raise a child they will love despite the grief of their conception. Trans people stripped naked so their genitals would be exposed to ridicule in prison cells and to leering police. Gay men raped with brooms and other implements to teach them how wrong their desires are.

Does it change them? Not in the least. It simply creates wounds, deep wounds and pain that will not go away.

Disabled people will continue to suffer this sort of maltreatment too. Their desires are not the result of some demon or a theological theory, but the reality of who they are crying out for love, acceptance and an opportunity to be themselves.

Please consider supporting my podcast “No Sex Please – I’m religious” through Patreon.com/NoSexPlease. Funds raised through the podcast save lives of people facing death and torture in Uganda, and in refugee camps in Kenya and other places. It also enables us to continue the work of advocating for a more just, humane world where laws are created for the benefit of all, not to persecute minorities.

Before writing this article I used Jasper Artificial Intelligence which produced the following. It adds to what I’ve written.

“Introduction:

In recent years, there has been a growing awareness of the need to protect people with cognitive disabilities from discrimination and abuse. Unfortunately, many countries have yet to take action to protect these vulnerable individuals. Homophobic laws are often used to target people with cognitive disabilities, leading to a rise in hate crimes and violence against them. This blog will discuss the implications of homophobic laws on people with cognitive disabilities, the need for legal protections, and how to create a more inclusive society.

Section 1: The Impact of Homophobic Laws

Homophobic laws have been used to target people with cognitive disabilities in many countries. These laws are often used to criminalize same-sex relationships and to prevent people with disabilities from accessing health services or receiving an education. This can lead to a lack of access to essential services, as well as discrimination and stigma. It can also lead to a rise in hate crimes and violence against people with cognitive disabilities.

Section 2: The Need for Legal Protections

It is essential that countries take steps to protect people with cognitive disabilities from discrimination and abuse. This means that laws must be put in place to ensure that they are not targeted by homophobic laws. This could include laws that protect people with disabilities from discrimination in employment, education, and health care, as well as laws that prohibit hate speech and hate crimes.

Section 3: Creating an Inclusive Society

In addition to legal protections, it is also important to create an inclusive society for people with cognitive disabilities. This could include providing access to education, health care, and employment opportunities, as well as creating safe spaces for people with disabilities to socialize and express themselves. It is also important to raise awareness of the issues faced by people with cognitive disabilities and to challenge any stereotypes or prejudices that exist.

Section 4: Supporting People with Cognitive Disabilities

It is also important to provide support for people with cognitive disabilities. This could include providing access to mental health services, job training, and other resources. It is also important to create safe spaces for people with disabilities to socialize and express themselves, as well as providing access to social activities and events.

Section 5: Conclusion

Homophobic laws have a detrimental effect on people with cognitive disabilities, leading to a rise in hate crimes and violence against them. It is essential that countries take steps to protect people with cognitive disabilities from discrimination and abuse, by providing legal protections and creating an inclusive society. It is also important to provide support for people with cognitive disabilities, by providing access to resources and safe spaces.”

 

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NDIS red-tape leaves vulnerable Victorians in abusive homes

Media release from the Office of the Public Advocate

Vulnerable Victorians living in disability accommodation remain in abusive situations for months due to NDIS bureaucracy.

This was a key finding the Community Visitors Annual Report, tabled in State Parliament today.

Nearly half of all serious incidents in disability group homes reported by the visitors each year relate to violence between co-residents, with 133 notifications being made this year to the Disability Services Commissioner (DSC). [p. 19]

Public Advocate and chair of the Community Visitor boards, Colleen Pearce, said that despite the number of recent inquiries into violence against people with disability, co-resident violence had received “little practical attention.”

The visitors report [p. 22] that one female resident suffered traumatic abuse from another but had been unable to move to another group home for at least five months, despite the support of her legal advocate and the DSC.

NDIS participants require their plans to be reviewed to move from one group home to another, even if the funding is the same. As well, an occupational therapist’s assessment is needed, however, NDIA pre-approval is needed first which involves a lengthy wait then a ten-week wait before the assessment and, only then, can a plan review be scheduled, which generally takes months.

In this case, the assessment was rescheduled several times from February because the NDIS delegate or the resident’s lawyer were unavailable.

Dr Pearce said that resident-on-resident violence and abuse in group homes was not uncommon.

“There are multiple instances where residents have expressed to Community Visitors how fearful they are in their own homes, and how they often choose to stay in their own rooms rather than interact in shared living spaces.”

Other issues identified include inappropriate environment for residents, lack of continuity of staffing and use of restrictive interventions.

This year, 266 volunteer Community Visitors made 2952 visits to 1148 units across the state, identifying 3806 new issues.

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