66 RCB 47:2 pp. 66-75 (2004) Hate Crimes and Disability in America Brian T. McMahon Steven L. West Allen N. Lewis Amy J. Armstrong Joseph P. Conway Virginia Commonwealth University A hate crime is a criminal offense committed against person or property that is moti- vated, in whole or in part, by the offender's prejudice. Hate crimes are sometimes termed "bias-motivated crimes." The theoretical bases for bias motivation and their implica- tions for hate crimes against Americans with disabilities are outlined. The history of the Hate Crime Statistics Act (1990) and its eventual extension to Americans with dis- abilities are also reviewed. Five years of aggregate data from FBI Hate Crimes Statistics reports are analyzed to compare and contrast the hate crimes experience of Americans with disabilities with that of other targeted groups based on race, ethnicity, sexual ori- entation, and religion. Reports of hate crimes from persons with disabilities are minute as compared to those of any other group. The nature and location of hate crimes are also analyzed. Finally, the findings and their implications for such issues as alternative man- ifestations of prejudice, underreporting of violent crimes, cross-disability support for hate crime prevention, rehabilitation counseling practice, and future research directions are discussed. n September 1997, local police investigated an alleged sexual assault that had occurred behind a grocery store in Massachusetts. A 21-year-old woman with mild re- tardation reported that she had been duct-taped to a tree and molested, then sexually assaulted in a parked van and again in an empty building. The police arrested a 60-year- old local drifter and charged him with indecent assault and battery on a mentally retarded person-a crime pun- ishable by up to 20 years in prison. The defense attorney on the case argued that the two were friends and that the sex was consensual. The man had no criminal history and was described as "slow," although he had no formal diag- nosis of disability. The case resulted in a plea bargain in- volving 2 years' probation and no jail time. In March 1998, another incident of rape of a woman with a disability was investigated in Massachusetts. The victim was a 36-year-old woman who used a wheelchair for mobility and had severe mental retardation and a se- vere speech impediment. She named a caretaker at her state-funded residence as the assailant. Because of her dis- abilities, authorities determined that the woman would be a liability in court. Consequently, there was no arrest, prosecution, or conviction. A detective assigned to the case reflected upon the difficulties in prosecuting cases in which victims' testimony would likely hurt their situa- tions rather than help. Case closed. These scenarios (Mishra, 2001) illustrate a situation that is all too common for Americans with disabilities. Negative attitudes toward and stereotypes regarding people with disabilities result in experiences of marginal- ization, isolation, and victimization (American Psycho- logical Association, 1998). Research indicates that individuals with disabilities experience a heightened risk of sexual, physical, and emotional abuse (Baladerian, 1991; Sobsey,