A/67/227 witness may provide key evidence necessary for a conviction. Sexual abuse cases involving a complainant with learning disabilities rarely go to court, and if they do, the complainant frequently does not serve as a witness against the accused. 22 The tendency to “infantilize” women with mental disabilities contributes to the discounting of their testimony. 23 Not only are they excluded as witnesses because they may have difficulty communicating with the police, but stereotypes operate to exclude or discount their testimony. For example, in sexual assault cases, the general failure of society to see people with disabilities as sexual beings may result in judges and juries discounting the testimony of witnesses. 24 On the other hand, complaints may be disregarded because of views and beliefs about some women with mental disabilities as hypersexual and lacking self-control. 42. Law enforcement and legal agencies may dismiss complaints since they see women with disabilities who require assistive communication or accommodations, as well as women with psychosocial and intellectual disabilities, as lacking credibility. 25 There may also be a tendency for judges to require more corroborating evidence of an assault in cases involving women with disabilities than in other cases, and evidence about prior mental health treatment may be used to discredit the testimony of such witnesses.24 Women with cognitive disabilities may have more difficulty with remembering the sequence of events, which may make them appear less credible on the stand.24 The failure to afford the testimony of women with disabilities due respect is problematic in gender-based violence and sexual assault cases, where the testimony of the parties and the credibility of the witnesses are exceptionally important. 26 Women with disabilities face violence at least one and one-half times more often than other women.25 Thus, excluding them from the witness stand denies the reality that they face violence to a disproportionate degree. 43. Paternalistic attitudes towards persons with disabilities may also prevent full and fair access to the witness stand. Various players in the judicial system may view women with disabilities as too fragile to withstand the rigors of examination by attorneys or judges, leading to their exclusion.26 Such exclusion has the effect of placing them at even greater risk since perpetrators may target women with disabilities because they know that complaints may be taken less seriously. Moreover, women with disabilities whose complaints have been dismissed are less likely to come forward again to report abuse.26 44. The institutions, the physical structures and legal proceedings may place substantial barriers to accessibility and participation of witnesses with disabilities. There is evidence that language used in the courtroom, in particular during the cross-examination process, can be distressing and confusing to some witnesses with __________________ 22 23 24 25 26 12-45120 Pamela Cooke and Graham Davies, “Achieving best evidence from witnesses with learning disabilities: new guidance”, British Journal of Learning Disabilities, vol. 29 (2001). Janine Benedet and Isabel Grant, “Hearing the sexual assault complaints of women with mental disabilities: evidentiary and procedural issues”, McGill Law Journal, vol. 52 (2007), pp. 531 and 532. Hilary Brown, “Sexual abuse: facing facts”, Nursing Times, vol. 87 (1991). Disability Discrimination Legal Service, “Beyond belief, beyond justice: the difficulties for victims/survivors with disabilities when reporting sexual assault and seeking justice” (November 2003), p. 17. Chris Jennings, “Family violence and sexual assault: a criminal justice response for women with disabilities”, paper presented at a forum on the theme “Disability and the criminal justice system: achievements and challenges”, Melbourne, Australia, 13 July 2005. 11