Legal Issues

Individuals with Asperger profiles may seek legal information and advocacy to protect themselves against discrimination, or they may be dealing with a criminal accusation or arrest. Some individuals get into legal trouble for reasons related to their Asperger profile. They may lack communication skills, react to situations unpredictably, or have their actions misinterpreted when they do not make “appropriate” eye contact. Some people with Asperger profiles have confessed to crimes that they did not commit in an anxious effort to stop police questioning. Conversely, some individuals have actually been guilty of the crimes of which they had been accused. Advocacy efforts can serve to introduce explanations about why Asperger profiles can render it difficult for individuals to accurately read social situations, sometimes involving them in circumstances that they were unable to anticipate. These advocacy efforts can be used to potentially reduce or modify punishments, for example: resulting in lower security placements in prison, shorter jail times or probation.

It is important to ascertain your legal council’s understanding of Asperger profiles. To be effective, your attorney must become well-versed in how an Asperger profile influences your actions. You may need to provide your council with information about Asperger profiles or Autism. We are here to provide you with the resources you need.

Essential Resources:

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Asperger/Autism Spectrum Fact Sheet

Article
About Asperger/Autism Spectrum: It is neurological and affects the way information is processed in the brain. It is often an invisible difference. Many people appear very competent, but have difficulties in areas of communication and social interaction. It has a genetic and hereditary... more

Asperger Syndrome in the Criminal Justice System

Article
Recent statistics suggest that as many as 1 in 99 people may have an Autism Spectrum Disorder (ASD). The criminal justice system (CJS) may have contact with individuals with ASDs as victims, witnesses, and/or offenders. All criminal justice professionals who have contact with individuals with ASDs... more

Autism Disclosure at Work

07/07/2022
For Autistic individuals, the issue of whether, when, and how to disclose their Autism to an employer can cause anxiety and confusion. There can be many pros and cons to the decision, and it is not always straightforward. A general disclosure without consideration for the reasoning or desired... more

Shifting the Paradigm: Recognizing the Needs of Disabled Parents as Advocates

04/05/2022
I am a formally diagnosed autistic woman and the parent of an autistic adult who I parented through early intervention, public school, post-secondary experiences and now, into adulthood as I support him navigating through rehabilitation services. I am a social worker and researcher, but when it... more

Asperger’s Syndrome and the Criminal Law: The Special Case of Child Pornography

Article
Mahoney Mark J - Asperger's Syndrome and the Criminal Law 2009 Introduction For years parents of children with Asperger’s Syndrome (AS) struggle and sacrifice in the simple hope that their child can lead a “normal” life – get an education, have a satisfying career, and raise a... more

Tips for Accused Students After a Campus Sexual Misconduct/Title IX Proceeding

Article
**The following is the fifth in a series of articles that are designed to provide students with a diagnosis of Asperger’s or autism tips regarding the sexual misconduct policies and procedures at colleges and universities nationwide.** This article is primarily intended for a student who has been found responsible for campus sexual misconduct... more

Tips if You are Accused of Campus Sexual Misconduct

Article
**The following is the third in a series of articles that are designed to provide students with a diagnosis of Asperger's or autism with tips for navigating the sexual misconduct policies and procedures at colleges and universities nationwide.** If you are accused of campus sexual misconduct, you will most likely be referred to as "the... more

Tips on What to Do if You Believe You Have Been a Victim of Campus…

Article
**This article  is the second in a series of articles that are designed to provide students with a diagnosis of Asperger's or autism with tips regarding the sexual misconduct policies and procedures at our nation's colleges.**  The first article, Tips for Preventing A Violation of College Sexual Misconduct Policies, discussed best practices that... more

Tips for Preventing A Violation of College Sexual Misconduct Policies

Article
** The following is the first in a series of articles that are designed to provide students with a diagnosis of Asperger’s or autism with tips regarding the sexual misconduct policies and procedures at our nation’s colleges. ** If you are presently a student at a college or university, it is likely that you have heard discussions about... more

Estate and Financial Planning

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2017 Benefits Conference: Legal Issues Materials

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These materials were presented at Asperger Syndrome and Adult Life: Navigating the Massachusetts Public and Private Supports and Service Systems on February 4th, 2017 and are gathered here for review. Barbara Jackins: Age of Consent Decision Form Barbara Jackins: Durable Power of Attorney for a Young Person Ken Shulman: Estate Planning... more

Legal Planning For Special Families in Massachusetts: A Family Guide to SSI, Guardianship and Estate…

Recommended Reading
Attorney and parent Barbara Jackins' new book is a must have resource for parents of children with special needs and the professionals and advocates who assist them. In an easy-to-read, conversational style, Jackins, the lead author of Special Needs Trust Administration Manual: A Guide for... more

Should You Disclose Asperger Syndrome to Your Employer?

Article
Coaching clients frequently ask me whether they should disclose their disability to an employer. My answer is, “It depends.” The best approach is to develop a personalized plan based on the many factors that affect employment outcomes. These factors include an individual’s job skills, primary... more