THE outcome of ongoing investigations into the alleged rape of a mentally retarded 24 year-old woman, who functions at the 10 year-old level, is being closely watched by members of the country’s disabled community.

The case, according to the Jamaican Association on Mental Retardation (JAMR), “will set a precedent regarding the manner in which future cases of this nature will be handled”.

According to the association’s assistant director, Marylin McKoy, there have been five reported cases of sexual abuse of mentally retarded persons in the last year. But Maureen Webber, the chairperson for the National Advisory Board for Persons with Disabilities, believes many more cases have gone unreported.

Factors that conspire to keep such assaults from the public eye sometimes include the victims’ inability to effectively communicate, feelings of shame and guilt by the victim and/or relatives, as well as pressure from the family of the accused.

Rape is a traumatic experience, even for persons who do not suffer from mental retardation. The trauma, pain and feelings of guilt are multiplied when the victim is mentally retarded, according to Webber.

“To a mentally retarded person, it is the ultimate violation,” she said.

Victims’ relatives also endure great suffering and, often, guilt that they have not done enough to protect an already vulnerable family member.

One relative of a mentally retarded rape victim told the Sunday Observer that it has been hard for the family unit to recover from the violent act.

“The hurt is too much,” said the family member who asked not to be identified in order to protect the victim’s privacy. “Since the incident, we have been through a lot of crying, getting angry, hugging and consoling each other.”

The relative added: “We have been seriously hurt by this deed and we don’t know whether our relative will be able to get over the depression and guilty feelings.”

And even for those families who are brave enough to go to the police, some cases never get to court, Webber said. She pointed to one case involving the sexual molestation of a girl who has a speech impediment.

“She has dropped out of school and is severely depressed. The issue has never reached the court,” she said. “There is a case where no one was arrested even though the evidence has been collected.”

In many cases, the victim’s disability makes it difficult for him/her to communicate effectively, and adds to the feelings of guilt and shame normally experienced by those who suffer from sexual abuse or molestation.

According to attorney Katherine Phipps, who worked on the case involving the young girl with the speech impediment, the victim has been under emotional and physical pain because of the incident. Then there is the added stress of coping with the relatives of the accused, who have allegedly approached the victim’s parents asking them to drop the charges against their son, the attorney said.

“They (the victim’s family) are simple people, and the grandmother of the boy involved has been begging them, saying that her grandson is an honour student. It has increased the trauma for the family,” Phipps added.

The situation becomes even more complex when the accused rapist is also said to be retarded. Under those circumstances, a resident magistrate has the power to order an assessment of the alleged offender’s mental capacity in order to determine if he is fit to stand trial.

“The court would have to have him examined to see if he knew that what he did was wrong, or if he was simply doing what he saw the dogs do,” Carol Narcisse, head of MENSANA Mental Health Group, told the Sunday Observer.

If the offender is deemed a threat to society, the magistrate can order that he be locked up.

“The court could lock him away at its pleasure until he is deemed fit to re-enter into society. A judge could take the view that he is a threat and keep him locked away,” explained defence attorney Hugh Wilson.

The JAMR sees the recent case of the 24 year-old as a way to increase public awareness about these and other issues. The case, it said, will:

. provide an opportunity to sensitise society about what mental retardation is, and about the characteristics of persons with the condition; as well as

. highlight the limitations of the legal framework in the protection of this population of vulnerable adults.

The board that Webber chairs, which advises the government on disability issues, has also expressed concern about the case, saying it has assured the alleged victim’s family that the investigation will be carefully monitored.

“While this case has already received national attention, there are other ‘active’ cases in which we are struggling to ensure justice for our victims,” said Webber. “We ask that the public be vigilant, protective and supportive of those in our society who are more vulnerable.”

Under Jamaican law, mentally retarded persons cannot consent to sex. Many are slow learners and need special educational attention.

“For a mentally retarded person, it is not easy to tell a good touch from a bad touch because not many people are nice to us,” Webber said.

In order to prevent or minimise the chances of mentally retarded children being raped, parents, she said, should;

. never leave them in the care of persons who are not trustworthy and sensitive to their needs;

. keep a constant watch over the children; and

. try to build a solid family network around the afflicted children.