Disability of the CSA offender

Disability of the CSA offender was also identified as another CSA socioeconomic contributory factor. Participants’ narratives and one of the official court records used in this study show that while persons with disability are at increased risk of CSA, children are also at risk of being sexually abused by people with disabilities. Medical examination records annexed to the files used in this study show how disability of the CSA offender could have contributed to the committal of the CSA offense. The Medical report concluded that metal disabilities of CSA offenders involved had contributed to the CSA offenses. One of the participants concurred with the argument that disability: mental illness of the CSA offender was a CSA socioeconomic contributory factor. The participant in question explained that persons with disability were more likely to abuse children owing to their impairments. One participant reasoned that impairments exposed persons with disability to lack of information on acceptable behaviours, access to the information of what constitutes CSA and the ability to comprehend their actions, particularly those with mental illness. According to the participant, there are high levels of illiteracy among people with disabilities. It was also explained that persons with disabilities

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lack information on what constitute CSA offenses. The participant also reasoned that ignorance of persons with disabilities on CSA offenses was exacerbated by the communication media used and the inability to attend educational forums. The following medical report gives evidence that disability of the CSA offender is another CSA socio economic contributory factor:

I Dr XXX a Psychiatrist based at Ingutsheni Central Hospital in Bulawayo. I examined the accused, 35 years, at Ingutsheni Central Hospital. My conclusions are as follows:

When I examined the accused, he gave me the impression of mental retardation functioning between mild and moderate for example he was disoriented to the claim that he is 5 years old; was able to count up to number 10 but not backwards. He admits cannabis and alcohol use but cannot give clear explanation as to when he started. He said he never had sexual intercourse before and was trying it for the first time.

In my opinion there is reasonable possibility that at the time of the alleged crime the accused was suffering from mental retardation functioning between mild and moderate. He was mentally disturbed to such an extent that he should not be held responsible for his act (Gokwe

case 42).

The vulnerability of persons with disabilities to sexually abuse children owing to their impairments was corroborated by one participant. The study participant noted that:

Information [on CSA] is not getting to them [people with disabilities] because of many factors. Why? We start with the packaging of information [on CSA]. Most of the information is in written format such as the pamphlets. The circulated and distributed pamphlets may not get to those with disabilities. In addition there is high illiteracy rate amongst people with disability so even if you write and give them [the pamphlets and information on CSA] they [persons with disabilities] may not understand it. Again you will not see people with disabilities at forums where CSA is discussed and explained, because of mobility challenges or people will just say we will hear for them and tell them. So what will happen is these boys [with disabilities] sometimes do not have the knowledge that what they are doing [sexually abusing other children] is a crime. They will only realise it [that they have committed a crime] after doing it [sexually abusing another child]. They are now told what you have done is wrong (Participant

10).

It is clear from this participant’s account and the official court document used above that the disability of the CSA perpetrator is a factor that contributes to CSA. A number of factors could be explained why impairments contributes to commission of CSA offenses. The lack of appreciation of acceptable and unacceptable behaviours may stem from the inability to appreciate and comprehend acceptable and unacceptable behaviour. Persons with mental illness may not appreciate the gravity of their actions. In addition, information of what constitutes acceptable and unacceptable behaviour may not reach persons with mental

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disabilities as they may not have access to forums such as schools, the media and gathering, where information on CSA is disseminated.

While information on abuse and social services such as schools are meant to provide services to all citizens, persons with disabilities are often left out of the programming due to resource constrains, lack of political will, attitudes, structuring of the programmes that does not accommodate the impairments of persons with disabilities. CSA offenders with disabilities are arguably left out of mainstream society: schooling and CSA information. Societal attitude on disabilities keep persons with disabilities excluded from mainstream society denying them information and education on CSA. This exclusion, it can be argued deprives CSA offenders with disability vital information on acceptable and non acceptable sexual behaviours This argument corroborates the observation by Mtetwa and Nyikahadzoi (2013) that persons with disabilities in Zimbabwe face challenges that ordinary people do not normally experience due to the difficult circumstances that they live under: negative societal attitudes and beliefs and limited access to facilities necessary for human and social development. It can be argued that negative societal attitudes and beliefs expose person with disabilities to CSA: as survivours and offenders.

It is evident from the above accounts that disability of the CSA offender is a significant socio economic contributory factor. This current finding is consistent Johnson (2007) observation that CSA offenders may in some cases have a psychiatric history: depression, anxiety disorders and personality disorders. From the study findings, it can therefore be argued that disability of the CSA offender is a significant CSA socio economic contributory factor. In addition social exclusion of persons with disability may increase vulnerability of persons with disabilities committing CSA offences.