Testimonial injustice: exploring ‘credibility’ as a barrier to justice for people with learning disabilities/autism who report sexual violence

Williams, Helen; Jobe, Alison

Abstract

Rape/sexual assault cases have high levels of attrition, with reports of sexual violence from people with learning disabilities/autism disproportionately represented. This paper presents the results of a small qualitative study in the UK which focuses on how the criminal justice system is experienced by people with learning disabilities/autism who report sexual offences. An adversarial criminal justice system is reliant on normative social constructions of credibility and the embodiment of (ideal) victimhood through testimony. Adopting Fricker’s framework of testimonial injustice (2009) we explore how epistemic assumptions around credibility create a barrier to justice and facilitate case attrition for victim/survivors with learning disabilities/autism. The paper highlights how criminal justice interpretations of behaviour, communication and third-party disclosure limit access to justice for individuals with learning disabilities/autism, rendering the criminal justice process inherently discriminatory to those with atypical frames of reference.

Citation

Williams, H., & Jobe, A. (2024). Testimonial injustice: exploring ‘credibility’ as a barrier to justice for people with learning disabilities/autism who report sexual violence. Disability and Society, https://doi.org/10.1080/09687599.2024.2323455

• Journal Article Type: Article
• Acceptance Date: Feb 13, 2024
• Online Publication Date: Mar 7, 2024
• Publication Date: Mar 7, 2024
• Deposit Date: Apr 18, 2024
• Publicly Available Date: Sep 8, 2025
• Journal: Disability & Society
• Print ISSN: 0968-7599
• Electronic ISSN: 1360-0508
• Publisher: Taylor and Francis Group
• Peer Reviewed: Peer Reviewed
• DOI: https://doi.org/10.1080/09687599.2024.2323455
• Keywords: General Social Sciences; General Health Professions; Health (social science)
• Public URL: https://durham-repository.worktribe.com/output/2387852