Guest Opinion:
Abuse of disabled is rife
By Bridget Riceci
SPECIAL TO THE ARIZONA DAILY STAR
Saturday, January 3, 2004
There is an epidemic in Pima County and across the country. The Dec. 1 sentencing
of Charles Allan Onstine to seven years in prison for sexually assaulting
a woman with a severe disability is just the latest example of this epidemic
and one of the few that ever come before the public eye.
People with disabilities are between two and four times more likely to experience
sexual abuse or sexual assault than people in the general population.
In populations with certain specific types of disabilities, the number of
people within that population who experience sexual violence is more than
80 percent.
For example, people with disabilities who must rely on others for their daily
care are most at risk of experiencing some form of sexual violence.
A particularly disheartening aspect of the Onstine case was the attempt of
Onstine's attorney to assert that the incident was consensual sex rather than
sexual assault.
According to Arizona Revised Statute 13-1401, "[t]he victim is incapable
of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep
or any other similar impairment of cognition and such condition is known or
should have reasonably been known to the defendant.
"For purposes of this subdivision, mental defect means the victim is
unable to comprehend the distinctively sexual nature of the conduct or is
incapable of understanding or exercising the right to refuse to engage in
the conduct with another."
According to the Dec. 2 Star article "7-year term given in rape of woman
with mind of tot," the 34-year-old victim has the mental capacity of
an 18-month-old and, therefore, has a state-appointed guardian who makes basic
life decisions for her.
It is highly unlikely she knew the "distinctively sexual nature of the
conduct," and she was surely "incapable of understanding or exercising
[her] right to refuse" that conduct.
Onstine took advantage of his position as an employee of the adult-care group
home at which he was employed.
We may not like to think of it, but the truth is, this kind of abuse takes
place all across the country on a daily basis. The victims of these heinous
violations of trust may not have the cognitive ability to recognize what's
happening to them as abuse.
There is hope. The Southern Arizona Center Against Sexual Assault is one of
10 sites nationally to receive federal dollars to plan and implement a promising
practices project aimed at serving crime victims with disabilities and preventing
sexual assaults against people with disabilities.
The center is working with a group of service providers and other community
members, including people both with and without disabilities, under the auspices
of the Southern Arizona Sexual Violence Disability Coalition.
New members are always invited to join and may do so by contacting Michael
Mandel, community educator at the Center Against Sexual Assault, at 327-1171,
or write to him at mmandel@sacasa.org
Seven years seems hardly enough punishment for the crime Onstine committed.
Our best hope is to stop such crimes from happening in the first place.
* Bridget Riceci, MSW, is president and CEO of the Southern
Arizona Center Against Sexual Assault. Help is available through its 24-hour
crisis hot line at 327-7273 or 1-800-400-1001.
