MARK COLVIN: The Law Council of Australia has joined growing calls to reform the way the South Australian justice system treats the intellectually disabled.
A number of cases of alleged sexual assault against people with an intellectual disability have been dropped before going to trial. The reason, the victims had difficulty communicating what had happened to them.
South Australia's rape crisis centre, Yarrow Place, has confirmed that intellectually disabled people and those with communications difficulties are far more vulnerable to sexual assault than the rest of us.
Law Council of Australia president Alex Ward says increased penalties for sexual crimes against people with a disability should also be considered as a deterrent.
Nance Haxton reports.
NANCE HAXTON: The Law Council of Australia has represented the concerns of the nation's legal practitioners for more than 70 years. Now it's lobbying for urgent reform to laws that effectively stop some intellectually disabled people from giving evidence in sexual abuse trials.
This year a number of alleged cases of sexual abuse in South Australia were dropped before going to trial because the disabled victims had difficulty telling the court what happened to them.
Law Council president Alex Ward says South Australia's justice system is marginalising the most vulnerable and that must be changed.
ALEX WARD: Oh yes it's a very serious issue. We note that the anguish of the parents whose children had allegedly been abused and the cases not proceeding and just how upset they were really is something that needs to be looked at so that vulnerable people aren't made easier targets for predators but are actually protected.
NANCE HAXTON: Support groups have called for translators to be used in court for people with an intellectual disability, in the same way that a deaf person can access an interpreter so they can give evidence.
Mr Ward says people with an intellectual disability have a right to have their cases heard.
ALEX WARD: I think that's really important and people point to the situation well if the person's first language was Italian they would have an Italian interpreter and so why not have some sort of interpreter to assist the people with the intellectual disability?
NANCE HAXTON: It's a message backed up by South Australia's leading agency responding to rape and sexual assault in South Australia.
Yarrow Place acting manager Katrina Dee says intellectually disabled people and those with communication difficulties are far more vulnerable to sex crimes and therefore need to know they can access the justice system if needed.
KATRINA DEE: Perpetrators will deliberately target them because by targeting people who are very vulnerable or people who aren't able to communicate effectively what has happened to them or targeting people they think aren't going to report, they're more likely to get away with that offence.
The conviction rate isn't great if you look at it across the number of offences versus the number that actually are convicted.
However, the issue I guess is really about people should have the right to that option of reporting and having some level of justice as a result of that offence. So there are lots of difficulties around the criminal justice system and that does need to be addressed because it is the right for people to have access.
NANCE HAXTON: South Australia's Attorney-General John Rau has responded to the concerns by reviewing the Evidence Act, to try and make it easier for severely disabled people to give evidence.
His findings are due to be handed down in a matter of days.
Law Council of Australia president Alex Ward says the legal loophole must be addressed because paedophiles are targeting the disabled, knowing it is unlikely that any case will make it to court.
ALEX WARD: Unfortunately the people who do these sorts of crimes are very particular; these things are very well planned out often in these cases. So that you'd look at the fact that the person I'm going to attack is probably the least able in the community to defend themselves or to report me. So it makes them obviously a much more attractive target which is a dreadful situation. But that's what arises.
NANCE HAXTON: So this is an important principle of justice but also has an important preventative measure as well?
ALEX WARD: Well it would say to the people, well think twice because the silence that's the unfortunate situation that these people have, it might be lifted.
Another way you might look at it, Nance, is to say right in the situation, and here I'm talking generally, of these very vulnerable people that there are higher penalties if they're abused. That might be another way to look at preventative style justice.
MARK COLVIN: The Law Council of Australia president Alex Ward talking to Nance Haxton.
The legal profession's peak national body, the Law Council of Australia, has joined growing calls to reform the way South Australia's justice system treats the intellectually disabled. This year a number of alleged cases of sexual abuse were dropped before going to trial because the disabled victims had communication difficulties and couldn't be cross-examined.