Access to Justice Now Available to Crime Survivors Who are Nonverbal
New law changes rules regarding what is considered evidence
People with disabilities are up to 10 times more likely to be victims of violent crime, including assault and criminal mistreatment — yet the offenders are less likely to be convicted. One reason has been the challenge of proving certain elements of crimes against victims who are nonverbal, including infants and toddlers, since Oregon law historically required a verbal articulation of pain.
Senate Bill 1060 changed the rules regarding what is considered evidence, making it possible for crime victims who are nonverbal to testify. The law allows other evidence, including physical trauma, to be presented to show a crime meets the standards of assault.
Disability Rights Oregon introduced the bill in response to numerous cases where nonverbal victims of assault were unable to get justice because they could not testify in court regarding their injuries, resulting in perpetrators being charged with lesser crimes, like harassment. Our partnership with the Multnomah County District Attorney’s office was key to this bill’s passage.
Senate Bill 1060 passed by 25-2 votes in the Senate and by 47-0 votes in the House. The new law goes into effect on January 1, 2024.
Testimony
Beth Brownhill, Managing Attorney, DRO Crime Survivor Project
https://olis.oregonlegislature.gov/liz/2023R1/Downloads/PublicTestimonyDocument/78773
