AUTISM ADVOCACY
As the trial date got closer, I approached the prose-
cutor to plead the uniqueness of my case. After all,
my client’s future hung in the balance. I told her, “It
isn’t what it looks like.” In disbelief, she responded,
“Are you kidding? There were binoculars and food
in the car.” I passionately persisted in my attempt to
make her understand. She resisted at first, but I was
able to bring her around to my way of thinking. The
case never saw the inside of a courtroom and my
client avoided a criminal conviction. Not all criminal
defendants with autism are so fortunate.
“My Child Didn’t Do It on Purpose”
Most of the defendants with autism for whom I ad-
vocate did not intend to commit a crime or harm
other people. Rather, the criminal acts were reactions
to given situations. They acted in the only ways they
knew to protect themselves from perceived threats.
To better understand this, let’s look at the following
scenarios when your child might be charged with as-
saulting another person.
1. You receive an alarming call from your son’s
school. The police are there to arrest your son for
striking a teacher. You later discover that your
son was reacting to something the teacher said.
2. You and your son are at the supermarket. You
proceed down an aisle with your son close be-
hind. Suddenly, you hear a scream. You quickly
turn to see a stranger face down on the floor
and your son nearby. A store employee calls the
police who arrest your son for assault. Later, you
learn your child believed the stranger was star-
ing at him.
3. Your 20-year-old son is attracted to a girl he
sees walking down the street. Being naive and
possessing the emotional maturity of a much
younger child, he approaches her and inappro-
priately touches her buttocks.
Where Do We Go From Here?
The most effective weapon available to combat fu-
ture arrests and imprisonment of those with autism
is education and understanding. We must enlighten
those with legal decision-making power.
Below are measures recommended to reduce arrests:
1. Train police officers, prosecutors, lawyers, and
judges to recognize signs of autism
2. Train police officers how to interact with those
on the autism spectrum
3. Educate lawyers, prosecutors, and judges
about behaviors and mental deficits character-
istic of those with autism
4. Train school employees how to interact with
students on the spectrum
5. Train parents to recognize red flags
6. Teach your children how to regulate emotions
7. Instruct your children on appropriate behav-
iors and what is deemed a crime
The recommendations offered here do not guar-
antee that you will never get that dreaded call that
your child has threatened someone or been arrest-
ed. However, they will hopefully help you to answer
the question, “How did this happen?” Providing your
children with the necessary skills and raising the
awareness of how children with autism behave and
perceive are a good place to start.
Carol S. Weinman, Esq., CAS, is an au-
tism legal consultant, autism expert,
international speaker, broadcast legal
analyst, behaviorist, and parent of a
son with autism. She is the only lawyer
in the US recognized for her combined
expertise in criminal law and autism. Carol recent-
ly presented at the US Autism Association’s Annual
Conference and presents internationally on autism.
She serves as an autism legal consultant nation-
wide for lawyers, psychologists, educators, and par-
ents, and as an expert witness in criminal courts. In
2010, Carol founded Autism Advisors & Advocates
LLC to educate, train, and consult with parents and
professionals. She also is a special education advo-
cate and coach, consults with families and schools,
and conducts family mediations and parent work-
shops. Carol has served on various boards commit-
ted to the interests of those with autism.
Websites: weinmanlawoffice.com, autismadvisor-
sandadvocates.com
Email: [email protected],
[email protected]
Autism Parenting Magazine | Issue 87 |
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