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Cases of sexual assault are arbitrated differently according to individual state laws and statutes.States often have statutes for the intellectually disabled person separate from the general sex offense statutes.According to research 15,000 to 19,000 people with intellectual disabilities are raped each year in the United States.Sullivan and Knutson found, in 2000, that children with intellectual disabilities were at slightly greater risk of sexual abuse than disabled children in general, who in turn were at 3.14 times greater risk of experiencing sexual abuse than non-disabled children.The percentage is even higher among people with disabilities.According to research, more than 90% of people with intellectual disabilities will experience some form of sexual abuse at some time in their lives. Other studies suggest 68% of girls with intellectual disabilities and 30% of boys with intellectual disabilities will be sexually abused before their eighteenth birthday.
The Seattle Rape Relief Project program for victims of sexual assault with intellectual disabilities conclude that there is underreporting of sexual assaults of victims with intellectual disabilities that exceed underreporting with other populations.
they may encounter additional issues relating to their impairments and / or the social environments in which they live.
These can include increased vulnerability, questions around ability to consent to sexual activities, differential treatment before the law, social attitudes about intellectual disability and sexuality, and restricted access to suitable support and recovery services.
The individual must understand the sexual nature of any sexual conduct and the voluntary aspect of such activity, but does not have to understand the nature and consequences of such sexual activity, or the morality of the conduct.
California, Delaware, Florida, Kentucky, Louisiana, Maine, Montana, Nebraska, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Rhode Island, South Carolina, Texas, Utah: 38% of the USA.These are the tests of “nature and consequences”, “morality”, “nature of the conduct”, “totality of the circumstances”, “evidence of mental disability”, and “judgment”.Forty-nine American states use one of these six tests in reviewing cases of sexual abuse, with the exception of Illinois (which uses two tests).Among the women who were abused, only 52.9% trusted someone enough to tell them about what had happened.