AUTISM ADVOCACY
The majority do not understand autism, and the criminal justice
system has not yet established laws addressing autism. Some state
courts may have programs designed to divert and treat offenders
with mental illness. But, because autism is a neurological and
developmental disorder, it does not qualify as a mental illness.
visioned the possibility that their children could be
arrested, prosecuted, and even imprisoned. And the
only true common denominator among these of-
fenders is that they have autism.
So, how did this happen? What led to this moment,
and what does every parent need to know in hopes
of preventing such a catastrophic event?
The Early Years
We know, as parents, the exasperation of dealing
with a toddler who is in the throes of a tantrum or a
meltdown. We may see hands flailing or toys thrown.
As our children with special needs get older, we still
may excuse what we’ve come to know as meltdowns
because our children just can’t help it. But the pic-
ture changes when those all-too-demanding behav-
iors continue into teen and adult years. Then, melt-
downs can be deemed dangerous or threatening.
That’s why we must be proactive about offering our
children skills and tools to avert triggers and man-
age meltdowns.
Common Offenses
In my years of representing criminal defendants with
autism, I have found the most common offenses to
be harassment, stalking, sexual assault, and child
pornography. Oftentimes such behavior first rais-
es its ugly head when children are tweens or teens
with overactive curiosity, lack of empathy, “theory
of mind,” and dysregulation—all typical of children
with autism.
Four Easy Tips
Below are easy tips to implement early on:
1. Monitor your child’s computer access early on,
keeping the computer in a common area of
your home
12 | Autism Parenting Magazine | Issue 87
2. Encourage your child to ask questions by pro-
viding a safe, non-judgmental home environ-
ment
3. Find ways to stay connected with your child
regularly
4. Limit computer time, other than school work,
to one or two hours a day
A Legal Perspective
To better understand how your child could land in
a courtroom or a prison, you need to know how the
legal process approaches autism.
Police officers, attorneys, prosecutors, and judges
are confronting unchartered territory with the in-
creased encounters between law enforcement and
those with autism. The majority do not understand
autism, and the criminal justice system has not yet
established laws addressing autism. Some state
courts may have programs designed to divert and
treat offenders with mental illness. But, because au-
tism is a neurological and developmental disorder,
it does not qualify as a mental illness. That’s why de-
fending those with autism is a novel challenge that
requires an intimate understanding and insight into
how those with autism act and think.
It’s Not What It Looks Like
One of my most rewarding cases involved a 21-year-
old male arrested for stalking. It all started when he
was sitting behind the wheel of his parked car for
hours outside the victim’s home, binoculars in hand
and food on the passenger’s seat. A concerned neigh-
bor called the police. The police arrived, ordered the
driver out of the car, and proceeded to arrest him.
When I asked my client if he understood why what
he did was wrong or illegal, appearing obviously
puzzled, he answered, “No.”