Police Violence and Brutality against Autistics

Beyond Misunderstanding: Addressing Police Violence Against Autistic People

*Content warning for violence against vulnerable people, children and deaths*

I woke this morning to the horrific news that a 17-year-old Autistic child with physical disabilities had been shot 9 times by police officers in Idaho, within 30 seconds or so or his arrival. My heart breaks for this young man and his family. A neighbour has captured footage of the police opening fire from behind a fence in front of his mother shouting explanations that her son was in distress and Autistic and yet they failed to stop and truly assess the situation. Whilst it is true Victor Perez was holding a kitchen knife, what was clear to anyone with even a basic knowledge of Autism was that this young person was having a meltdown and did not pose any significant risk to these police officers, nor did he seem to understand the instructions he was being given. A 17-year-old child, and I repeat a child, was gunned down by armed police in front of his mother shouting loudly and clearly the specific circumstances of the situation. Not tazered, not restrained, shot 9 times. Does that sound like reasonable force to you? There was no attempt to deescalate, and I do not believe the officers had any real fear for their safety. The kid was behind a waist high mesh fence.

Sadly, this situation is not the first of its kind.

A disturbing statistic suggests 23% of Autistic adults have had contact with the Criminal Justice System. Although evidence is mixed there is some indication that a disproportionate number of Autistic people are represented in Criminal Justice Systems, with Autistic people subject to higher rates of police arrest. Whether this is down to the double empathy problem addressed elsewhere in this book communication breakdowns between Autistic and non-Autistic people are a two-way issue, caused by both parties' difficulties in understanding each other), relates back to the ICD-11 Autism diagnostic criteria of “Social naiveté, especially during adolescence, [which] can lead to exploitation” or more likely a combination of various factors is not clear.

In my early twenties, I experienced a police interview despite having committed no crime. In hindsight, and given what I now know about Autism, it makes sense why I appeared to be a handy scapegoat for the actual perpetrator of the crime. I had briefly worked the summer in a city bar during my university holidays, and money had gone missing from the till. For context, it turned out the bar manager had ‘on the twock’ although I didn’t know this at the time. Two days after I had left to return to studies, I got a phone call asking me to attend the police station.

Police, to me anyway, had always been a big deal. Maybe because I grew up in Saudi where the Mattawas (religious police) could quite literally enforce the removal of your hand for stealing. So, anxiously I took myself down to the police station and inevitably had a sobbing, gut wrenching meltdown one question into the interview, begging the officer to give me a lie detector. I am lucky, likely because I am a white speaking woman, that my meltdown was not perceived as aggressive or a threat to the officers in question.

Many Autistic people are not that lucky.

In March 2024 in California, Ryan Gainer a black Autistic child of 15 was gunned down and killed in a similar meltdown related incident. He chased the officer with a garden tool whilst in distress, and later died from the resulting fatal gunshot wound. A garden tool versus a firearm. Make it make sense.

In March 2021, Isaias Cervantes an Autistic man of twenty-five with impaired hearing and a learning disability was shot and paralysed for trying to avoid being handcuff, which the officers interpreted as an attempt to grab their firearms. This despite both family and Cervantes’ therapist attempting to explain and deescalate the instigating incident where Cervantes had shoved his mother again whilst in distress and police had been called.

Although we are not a nation of guns, police brutality towards Autistic people also exists in the UK. I have heard first hand instances of children being tazered during episodes of self-harm. Autistic behaviour is often misunderstood, and the results are often traumatic and unacceptable.

In 2021 CCTV showed a 10-year-old boy was threatened that he would be kicked by a police officer IN HIS SCHOOL, whilst being grabbed and dragged along the floor of a school corridor. The police officer was later convicted of assault.

In 2023 an autistic girl was arrested for telling a female police officer she “looked like my lesbian nana” on the grounds of homophobic speech. In fact, her grandma was indeed a lesbian and was married to a woman.

In 2013 the Metropolitan Police were called to a swimming pool where an autistic teen who had become hyper fixated on the water. He jumped into the swimming pool to escape police and was dragged out of the pool and restrained by seven officers resulting in him losing control of his bowels and being thrown wet and soiled into the back of a police van. This left the boy severely traumatised with PTSD symptoms and an exacerbated epilepsy and he was later awarded £28,250 by the courts in compensation.

In Cumbria in 2024, Police restrained an Autistic 16-year-old and strip-searched him for drugs because he was "standing funny and fidgeting" (Cooper, 2024).

These incidents should not be happening in this day and age. There are clear processes and procedures for supporting Autistic people in criminal justice setting and guidance available such as:

· Maras , K. (2022, October 19). Police interviewing of autistic people. Www.autism.org.uk; National Autistic Society. https://www.autism.org.uk/advice-and-guidance/professional-practice/police-interviews

· National Autistic Society. (2020). Autism: a guide for police officers and staff (5th ed.). National Autistic Society. https://www.autism.org.uk/shop/products/books-and-resources/autism-a-guide-for-police-officers-and-staff

· National Institute for Health and Care Excellence. (2012, June 27). Recommendations | Autism spectrum disorder in adults: diagnosis and management | Guidance | NICE. Www.nice.org.uk. https://www.nice.org.uk/guidance/cg142/chapter/Recommendations#identification-and-assessment-2

I implore any police professional reading this to familiarise yourselves with these documents. I signpost here for all Autistic people and their loved ones so that they know what can be possible and should be standard practice should they experience police involvement. And I summarise key points from these documents below.

Suggested Special Measures for Autistic People in Criminal Justice Settings

Please note this contains a mixture of direct quotation and paraphrase from the source materials which is clearly indicated within the text.

During Court Proceedings

Paraphrased (Advanced Assessments Ltd., 2023).

Advanced Assessments Ltd. (2023). Autism Law. Psychologists & Expert Witnesses. https://www.advancedassessments.co.uk/Autism-Assessment/Autism-Law/

• Provision of an intermediary to ensure understanding.

• Assessment of capacity under the Mental Capacity Act, 2015 around fitness to plead.

• Expert psychology assessment to recommend special measures and/ or reasonable adjustments.

• Advising judge and jury of a defendant’s Autism condition.

Direct quotation (Advanced Assessments, n.d.)

Advanced Assessments. (n.d.). Special Measures Assessments for Witness & Defendants. Advanced Assessments . Retrieved October 12, 2024, from https://www.advancedassessments.co.uk/Special-Measures/

• “A video recorded statement played in court in substitution to giving live evidence.

• The judge and the barristers remove their wigs during the hearing.

• Giving evidence in private. The witness or defendant uses a video link in court for evidence, often with the assistance of an intermediary.

• Giving evidence in court behind a screen, so the vulnerable or intimidated witness or the defendant feels less intimidated.

• People removed from the public gallery so the defendant or witness can give evidence in private.

• Use of communication aids such as dolls, and symbol books when giving evidence in court.

• A registered intermediary to support the defendant so that they understand the questions that they are asked in court or the police station.

• A registered intermediary and appropriate adult may attend the police station to help the witness or defendant give evidence.

• Defendants can have their solicitor as well as the registered intermediary present during questioning at the police station. The registered intermediary has specialised training in communication; they may be psychologists or other professionals such as a speech and language therapist.

• Achieving Best Evidence Interviews (ABE Interviews) which use special forms of questioning, props, cognitive interviews and structured interviews.

• Provide an overview of the subject before going into details.

• Deal with each issue in chronological order, avoid jumping around in time.

• Use simple direct language and avoid complex or multiple questions.

• Give the defendant or witness time to respond.

• Do not prompt or press for answers.

• Repeat all rephrase a question when necessary to assist comprehension, without implying criticism.

• Avoid acronyms, metaphors or nuances.

• When reading the information, allow pauses to aid processing and comprehension.

• Check back to ensure understanding.

• Avoid criticism of memory weaknesses.

• Make allowances for sequencing difficulties, for instance, in the recall of numbers or the chronology of events.

• Be aware of the defendant’s or witness’ limited concentration span.

• Be aware that the defendant or witness may experience a mental overload and “shutdown.”

• Arrange for a scribe to be available to take notes while the defendant or witness is in the witness box.

• Counsel cross-examining should not introduce a subject or line of questioning designed to confuse or entrap the defendant or witness.

• Counsel for the defendant or witness should intervene if the defendant is becoming confused or distressed or in need of a short break to restore composure or concentration.

• Because individuals with some neurodevelopmental or mental health conditions frequently do not answer questions correctly, counsel for the defendant/witness or the judge should rephrase the question where necessary.

• Allow at least five seconds per exchange so that the defendant can process the information.

• Individuals with intellectual impairments and working memory problems will probably need their lawyer to ask more leading questions than usual. The judge or their lawyer will also probably need to intervene more during cross-examination on matters of fact.

At arrest and during police interview

Direct quotation (Maras, 2022)

Maras , K. (2022, October 19). Police interviewing of autistic people. Www.autism.org.uk; National Autistic Society. https://www.autism.org.uk/advice-and-guidance/professional-practice/police-interviews

• A ‘Witness-Aimed First Account’ (WAFA) interviewing technique may be fruitful in supporting autistic people to recall events within a non-leading framework. Here, the interviewee breaks down their memory of an event into smaller ‘topic boxes’ then thoroughly explores each in turn, with the help of the interviewer.

• A discussion between the individual, relevant support person(s) and police regarding particular sensitivities, triggers and other stressors should take place and where possible adaptations should be made, for example: removing a ticking clock from the wall of the interview room, conducting the interview in a familiar environment such as the interviewee’s own home, allowing stimming and other self-stimulatory behaviours (these are often used as a soothing mechanism and a way of regulating sensory input) including the use of a calming object (e.g., a fidget spinner).

Paraphrased (Maras, 2022)

Maras , K. (2022, October 19). Police interviewing of autistic people. Www.autism.org.uk; National Autistic Society. https://www.autism.org.uk/advice-and-guidance/professional-practice/police-interviews

• Provision of a trained Registered Intermediary who can guide officers and facilitate evidence (unlike an Appropriate Adult who is unable fulfil either of these roles).

• Support disclosure of diagnosis.

Direct quotation (National Autistic Society, 2005/2020)

National Autistic Society. (2020). Autism: a guide for police officers and staff (5th ed.). National Autistic Society. https://www.autism.org.uk/advice-and-guidance/professional-practice/police-interviews

• “At times of heightened anxiety or uncertainty, some autistic people might present with distressed behaviours which could suggest they are experiencing a mental disorder, and the police might, for their safety, want to remove them to a place of safety under s.136 Mental Health Act 1983. This will be particularly true for people whose distress manifests itself as self-injurious behaviour or directed aggression towards others.

• If the police know that the individual has an autism diagnosis, it is of critical importance that this information is communicated consistently to all professionals the person comes into contact with.

• Ideally family members should be invited to provide information and support during the removal to the place of safety.

• If a person is initially apprehended and taken to the police station and subsequently it becomes clear that they are autistic and experiencing mental distress, they should be removed to a place of safety which is not a police station, typically a hospital, for assessment. This should be done by ambulance.

• [At rumbling stage pre-meltdown to try and prevent meltdown] there may still be a chance to prevent a meltdown. Strategies to consider include distraction, diversion, helping the person use calming strategies such as fiddle toys or listening to music, removing any potential triggers and staying calm yourself.

• How to react to a meltdown: avoid shouting direct orders and use a low-key approach, give the person some time; it may take them a while to recover from an information or sensory overload, calmly ask them (or their parent or friend) if they’re okay, giving them plenty of time to respond, try to create a quiet, safe space: ask people to move along and not to stare, turn off loud music and turn down bright lights – whatever you can think of to reduce the information overload, try it.

• Aim to keep the situation calm.

• Be aware that your behaviour or language may be confusing to an autistic person, in the same way that some autistic behaviour may be unexpected to you.

• Turn off sirens or flashing lights, if possible.

• Check the person for injuries, being as non-invasive as possible. Autistic people may not tell you about an injury or may even be unaware of it themselves, due to sensory differences.

• Clearly explain the situation and what you will be asking questions about. If you are taking the person somewhere else, explain clearly where you are taking them and why.

• Use visual supports/aids, such as drawings or photos, to explain what is happening. If they can read, it may be useful to put the information in writing. Autistic people often understand visual information better than spoken words.

• Keep language clear, concise and simple: use short sentences and direct step-by-step instructions, and always follow through with what you have said.

• Allow extra time for the person to respond.

• Use their name at the start of each sentence if you know it so that they know you are addressing them. Give clear, slow and direct instructions; for example, “Jack, please get out of the car.”

• Ensure that questions are direct, clear and focused on one thing at a time to avoid confusion. An autistic person may respond to your question without understanding the implication of what they are saying, or they may agree with you simply because they think this is what they are supposed to do.

• Where possible, seek information and assistance from a parent or others at the scene about how to communicate with and de-escalate the person’s behaviour.

• Don’t attempt to stop the person from flapping, rocking, or making other repetitive movements – this can be a self-calming strategy.

• Don’t remove an object that the person may be carrying for comfort, such as a rubber band or paper. Doing so may raise anxiety and cause distress, so this is not recommended unless essential.

• Don’t touch the person or use handcuffs if the situation is not dangerous or life-threatening, as they may respond with extreme agitation due to their heightened and acute sensitivity.

• Don’t be alarmed if they seem too close to you. Autistic people may not understand the notion of personal space. They may invade your personal space or may themselves need more personal space.

• Don’t raise your voice, use sarcasm, figures of speech or irony.

• Don’t expect an immediate response to questions or instructions, as the person may need time to process what you’ve said. Give the person plenty of time to respond.

• Don’t misinterpret no response as a failure to cooperate. Increasing the amount of force in a demand could potentially escalate the situation.

• Don’t misconstrue the person avoiding eye contact as rudeness or a cause for suspicion.

• Don’t assume that if they repeat what you say, they are being rude or insolent. A response like that could be echolalia (repetition of the question or phrase), so check that they have fully understood the question.

• Remain alert to the possibility of undiagnosed or undisclosed autism.

• You should still make appropriate adjustments if you suspect they are autistic.

• Make an effort to facilitate disclosure of an autism diagnosis.

• Detain the person in the quietest area possible and try to be reassuring.

• Avoid keeping autistic detainees waiting before processing where possible. For example, can they be brought to the front of the queue? Being left waiting can be extremely stressful and anxiety-provoking for an autistic person. If custody is busy and waiting can’t be avoided, be sure to communicate that they may need to wait, why this is, and update them where possible.

• Avoid waiting with other detainees.

• Ask the individual directly whether they have any sensory sensitivities. Do smells, sounds, lighting, touch or particular textures such as police blankets or clothing cause distress? Respond to any sensitivity that the person may have.

• Make sure the adequate safety measures are in place to minimise risk of self-harm and other injury.

• Bear in mind that the signs of autism may fluctuate depending on levels of anxiety and stress.

• Let the person retain any comfort item they may have if it’s not causing harm. These might include a fidget toy, eye mask or ear defenders.

• Identify and appoint a suitable Appropriate Adult or Registered Intermediary without delay.

• Consider seeking the advice of an autism professional who understands the person’s particular needs and difficulties.

• Make sure the person understands why they are in custody. Research with autistic people who have been arrested shows that they sometimes experience confusion about the reasons for their arrest.

• Make sure the person understands how long they will remain in custody and what they can expect to happen. An autistic person is likely to feel more comfortable in custody and therefore be more amenable to the process when staff explain what they are doing, why and what will happen next. This will help to remove some of the fear about the process that is often caused by not knowing what to expect. A less anxious and fearful detainee will be easier to work with.

• Avoid being specific about timings if you don’t have to be or if they are likely to change. “I will be with you in a minute” could be interpreted literally and cause anxiety if you don’t then appear a minute later.

• The individual may prefer and respond more favourably to visual or written information as opposed to receiving a large amount of verbal information and/or instructions. Ask them what they would prefer and try to accommodate this.

• Identify and meet any dietary requirements.

• Don’t overcrowd the person. They may respond better to dealing with as few police officers and staff members as possible.

• Don’t make loud, sudden noises. If an autistic person is kept in a cell, the noise of the door banging could be very distressing or the shouting of other detainees very frightening.

• Avoid technical language where possible or explain what this means i.e. solicitor.

• Explain what is going to happen during each process and why.

• Explain what their rights are and why there may be a delay.

• Don’t assume that an individual is being purposefully evasive or difficult if they do not provide the correct information.

• Don’t approach them from behind to search them without explaining you are going to do this.

• Find out about the person’s particular needs, including what causes them particular stress and sensory issues, from them and those closest to them.

• Make preparations for an interview environment that takes into account their sensory needs.

• Provide information in advance in clear and accessible formats.

• Plan how to tailor your questions to the individual’s communication needs.

• Plan breaks. Talk to the individual and those who know them about their attention span, how frequently they will need a break and for how long. A clear visual aid such as a sand timer can assist with this. Make a plan for breaks and stick to it wherever possible.

• Don’t leave the person unclear or confused about what will happen when.

• Don’t make sudden changes to the timing, location or procedure.

• Don’t assume you know best how to communicate with them.

• Don’t make assumptions about their level of understanding. Do ensure that any steps you took to remove sensory stressors from the interviewing environment are working (ask the interviewee if you’re unsure).

• Tailor language to the individual.

• Start sentences with the person’s name where appropriate.

• Be aware of what the person understands as well as what the person can say themselves – these skills may be mismatched. Frequently check understanding.

• Ask one point per question, for example, “Who was on the phone when you arrived?”, and avoid stacked and multi-part questions, for example, “Who was on the phone when you arrived and did, they hang up?”

• Choose the past tense for events that have already happened, such as “Think about when you were in the shop. Who did you speak to?”

• Ask direct, literal questions such as “You said that you knew Simon was going to be late. When did you find out?” Avoid questions or statements that use insinuation or that require inference or deduction such as, “You knew he was late, but you still went to the shop in the morning?” An autistic person may not infer a particular response is required from them (such as an alibi) unless they are explicitly asked for it.

• Allow extra time to process questions. If the person does not answer right away, it doesn’t necessarily mean they are not intending to answer; there may be a delay between hearing the question, understanding it and working out how to respond.

• Rephrase the question if they don’t respond at all – it may not have been clear or direct enough the first time.

• Be explicit about the level of detail required.

• Don’t try to stop repetitive behaviours – they may be a coping mechanism.

• Don’t take away comfort items.

• Don’t misinterpret echolalia (repeating what you say) or silence for insolence or evasion of questions.

• Don’t move too quickly – allow enough time to process questions and verbalise an answer.

• Don’t use questions that are statements such as, “You went to the shop?”, or use intonation to indicate a question.

• Don’t use irony, sarcasm, metaphors, etc.

• Don’t use ‘tag’ questions such as “You went to the shop, didn’t you?”, or encouraging tags such as “That’s correct”.

• Don’t use questions posed in the present tense, such as “So, now are you in the shop and talking to Simon?”

• Don’t make assumptions – just because a person appears to have good expressive (spoken) language doesn’t mean that they fully understand what is being said to them.

Other References

Cooper, B. (2024, November 6). “Cumbria Police strip-searched my autistic child.” BBC News. https://www.bbc.co.uk/news/articles/cx2lg4d727mo

Coyle, H., & PA Media . (2023, August 10). Police face complaint over arrest of autistic Leeds teenager. BBC News. https://www.bbc.co.uk/news/uk-england-leeds-66462895

Fallon, C. (2021, September 7). Call for police to get mandatory neurodiversity training after officer assaulted young autistic boy in school. Channel 4 News. https://www.channel4.com/news/call-for-police-to-get-mandatory-neurodiversity-training-after-officer-assaulted-young-autistic-boy-in-school?fbclid=IwAR1nhFgIJsfujIJJcrIgNAXe2cpuJ_kiPDuRMOs2eL8uEllMnfl_N4lHyps

Larson, S. (2021, May 18). It’s Vital That Police Better Understand Autism Spectrum Disorder - HealthCity. HealthCity. https://healthcity.bmc.org/its-vital-police-better-understand-autism-spectrum-disorder/

Lartey, J. (2024, March 16). Why an Autistic Teen’s Death Raises Questions About Police Training. The Marshall Project. https://www.themarshallproject.org/2024/03/16/california-police-autism-disability