Challenges for autistic people in the criminal justice system

This article is the second of a two-part series on autism. The first article highlights more about what autism is; you may find it useful to read that before reading more about the challenges that autistic people may face in the criminal justice system.
It is important to understand that there is no evidence to suggest that autistic people are more likely to commit violent or sexual offences. In fact, some research suggests that autistic people are more likely to be victims. However, it is important to understand any autism-specific factors that may impact an individual’s pathway to offending. Understanding the relevant risks allows professionals to better support the autistic person, rather than taking a “one size fits all” approach. Some autism-specific reasons people may commit an offence include:

• Social naivety leading to them being manipulated and recruited into criminal activity without realising
• Limited social imagination leading to difficulties understanding the consequences of behaviour
• Misreading social cues e.g. interpreting someone staring at them as making inappropriate sexual advances
• Sticking strictly to rules and becoming upset when others do not
• Autistic meltdowns making them more liable to prosecution for public order offences

Beyond the offence occurring, there are further challenges faced by autistic people in the criminal justice system, particularly when their autism has not yet been diagnosed. The flowcharts below identify some of these challenges and how they could be better managed.

Camouflaging

Another important aspect of autism that can impact autistic people in the criminal justice system is the presence of camouflaging.

What is camouflaging? Camouflaging occurs when an autistic person, either subconsciously or consciously, suppresses some of their autistic behaviours in order to try and fit into the world around them. This may take the form of:

• Developing a mental script to follow in social situations
• Using behaviours in social interactions that have been observed in others
• Practising facial expressions in order to look natural

Unfortunately, these camouflaging behaviours are linked to lower mood, increased anxiety, and increased suicidal thoughts and behaviours. Autistic people have described camouflaging as “exhausting”. Camouflaging may be more prevalent within the prison setting, where people try to fit in with their peers and the system, not wanting to stand out. Camouflaging may also prevent professionals from accurately identifying escalating risk in autistic people.  Furthermore, if somebody has been camouflaging their autistic symptoms, their offence may well appear “out of the blue” due to their distress having gone unnoticed and/or not having received appropriate support.

A recent study was conducted into the forensic implications of camouflaging (Trundle, 2022). This research found positive correlations between camouflaging and victimisation, and camouflaging and lifetime offending. Greater camouflaging behaviours were found to predict increased risk of offending, whereas greater autism traits were found to predict fewer offending behaviours. This is a significant finding as it suggests that while people may feel that camouflaging is benefiting them and keeping them safe, it is more likely leading to negative consequences. One suggested explanation is that camouflaging behaviours are preventing autistic people from accessing specialist support.

In a place where “fitting in” can be important in order to feel safe, it may become easy for an autistic person to exert much effort in attempting to camouflage their symptoms of autism, subconsciously and consciously. Where they may believe that this is keeping them safe, the research indicates that, unfortunately, they are more likely to end up with adjudications or further offences. Through masking their symptoms, they are also less likely to receive the help they need.

We can help

At Forensic Psychology Consultancy UK we recognise the importance of understanding autism and the need for specialist and individualised support for autistic individuals in the criminal justice system. We are experienced in providing assessments and interventions for autistic individuals and can also offer diagnostic assessment. Further training can also be offered on working with autistic individuals.

If you are interested in finding out more, please email us: info@forensicpsychologyuk.com

Further reading:

Authentistic Research Collective. Psychological Therapy for Autistic Adults: A Curious Approach to Making Adaptations.https://www.authentistic.uk/

Criminal Justice Joint Inspection. (2021). Neurodiversity in the Criminal Justice System: A review of evidence. https://www.justiceinspectorates.gov.uk/cjji/wp-content/uploads/sites/2/2021/07/Neurodiversity-evidence-review-web-2021.pdf

Trundle, G., Jones, K.A., Ropar, D. and Egan, V. (2023), "The forensic implications of camouflaging: a study into victimisation and offending associated with autism and pathological demand avoidance", Advances in Autism, Vol. 9 No. 2, pp. 116-131. https://doi.org/10.1108/AIA-02-2022-0006