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P029. Disability as a factor in the criminal prosecution of rape: results from a case file analysis

Thu, September 4, 6:45 to 8:00pm, Other Venues, Poster Venue

Abstract

While there is a general consensus about a high probability for disabled women to become a victim of sexual violence, very few studies provide data to support this. When disabled women participate in studies touching on the subject, they are often hesitant to talk about their experiences, but data suggests that women in institutional contexts have a high risk of being sexually assaulted by professionals and partners alike. A research project on the criminal prosecution of rape in Lower Saxony (Germany) completed in 2024 provides valuable data for a further exploration of the topic. In total, 550 criminal case files were analyzed to illuminate the course of the prosecution of rape cases while also providing information about the victim, the suspect, their circumstances, the crime itself and criminal proceedings. Based on my master thesis, this study explores specificities of reported rape cases in which at least one party is disabled. Using theoretical framework derived from Disability Studies, this quantitative analysis of several characteristics aims to provide insight about disability as a factor in the criminal prosecution of rape while also giving information about victims and suspects alike. The probability of a crime being prosecuted in court and the role of expert reports regarding plausibility of statements by disabled participants in the trial are compared to the nondisabled population. By referring to case groups developed in the original publication of the research project, I will show first results regarding typical constellations of victim, suspect and course of events and their over- or underrepresentation compared to cases with non-disabled participants.

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