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NCJRS Abstract

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NCJ Number: 113495 Find in a Library
Title: Response to: 'Prosecuting Cases of Physical and Sexual Assault of the Mentally Retarded' Issued by the California District Attorney's Association
Author(s): N J Baladerian
Date Published: 1985
Page Count: 13
Type: Legislation/Policy Analysis
Format: Document
Language: English
Country: United States of America
Annotation: This paper, designed to be an addendum to California's handbook, 'Prosecuting Cases of Physical and Sexual Assault of the Mentally Retarded,' presents guidelines for improving prosecutorial clinical interventions and assessments pertinent to the case processing of mentally retarded victims of physical and sexual assault.
Abstract: The guidelines also encompass information on language and other attitudinal markers designed to enhance the mentally retarded victim. General comments cover the importance of relating to persons with mental retardation in terms of their personhood rather than their disability and of determining the content and quality of sexual education they have received. The guidelines suggest instruments for use in determining competency to give consent in sexual matters and competency to testify. Specific wording is recommended for questions regarding anatomy and sexual function. Guidelines for investigation and preparation address a psychological examination of the victim, a sexuality comprehension assessment, and the use of qualified psychologists in victim testing. A discussion of the presentation of evidence focuses on statements to the jury regarding mental retardation as distinguished from mental illness. 69-item resource bibliography, 6 resources.
Main Term(s): Persons with cognitive disabilities
Index Term(s): Assault and battery; California; Prosecutor-victim interaction; Sexual assault victims
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