#MeToo, Meet Inclusivity: Criminal Procedure in Sexual Assault Cases Should Include People With Intellectual Disabilities

Authors

Mercy Adoga, Fordham University

Abstract

This Note explores the legal history of criminal law involving sexual assault cases of persons with intellectual disabilities from 1989 to the present day. The nuances of this legal history will be analyzed through the lens of State v. Scherzer, otherwise known as the Glen Ridge case of 1989. This Note will analyze the effect the Glen Ridge case had on later cases, and how the criminal justice system continues to treat intellectually disabled survivors of sexual assault. Statistics show that people who have intellectual disabilities are more likely to be sexually assaulted, and that the conviction rate for these cases is lower than those without intellectual disabilities. The third legal principle of the rule of law states that the law must be administered fairly and impartially, regardless of race, color, religion, ethnicity, gender or disability.

This Note argues that the third legal principle of the rule of law in the United States may exist de jure in the cases of people with intellectual disabilities, but it may not exist de facto. Due to this trend and its inherently negative effects, policy changes need to be made regarding investigative and courtroom procedures.

Recommended Citation

Mercy Adoga, #MeToo, Meet Inclusivity: Criminal Procedure in Sexual Assault Cases Should Include People With Intellectual Disabilities, 1 Fordham Undergrad. L. Rev. (2019).
Available at: https://research.library.fordham.edu/fulr/vol1/iss1/8