People with disabilities are not a homogenous group and impairments will affect individuals differently. As well, disability can be diversely defined, depending on jurisdiction. The United Nations Convention on the Rights of Persons with a Disability defines disability as ongoing impairments that are physical, mental, intellectual or sensory (see United Nations, 2016). Such impairments interact with a range of barriers that hinder one’s capacity to participate fully, effectively and equally in society.

This definition, whilst not inclusive of all disabilities, makes two main points. First, the distinction between the terms ‘disability’ and ‘impairment’ is important. ‘Impairment’ refers to the constraints of the impairment on the individual, whilst the term ‘disability’ refers to the constructed physical, social and systematic barriers which are disabling within environments designed for an ‘able-bodied’ population. The second point acknowledges that impairments may be visible or invisible to others and may be acquired, temporary, permanent or lifelong.

Data from primary sources, and as reported in the literature of the experiences of victimization and offenders with disabilities, lack nuance. In many jurisdictions, the literature pertaining to offenders with disabilities is more prevalent compared with the experiences of victimization (see Fitzsimmons et al, 2011; Ortoleva and Lewis, 2012). Despite the increased risk of victimization, few reports are made to police; once made, reports seldom reach court.

The challenges of accessing justice are mediated by factors such as attitudinal, economic, gender, race, sexual or gender identification and indigeneity which, when combined with disability, compound and further diminish access to justice. Steeped in tradition and formality, justice systems are inherently conservative and incorporate ableist practices and assumptions.

In the justice system, deficit characterization of victims and witnesses with cognitive impairments inform generalized perceptions about their credibilit and capacity, whilst people with a disability who are accused of crimes are more readily characterized as being untrustworthy. Lawyers representing accused persons with cognitive impairments may not fully understand the implications of their clients’ impairments, therefore compromising effective representation.

Access to services

Other impediments specific to rurality, which may also limit participation and access to the justice system more broadly, include the distance required to access limited advocacy resources, police stations and courts; and the limited and potentially inaccessible transport options available to successfully traverse these distances.