Autism Spectrum Disorder and Unlawful Behavior

Adults and young people with autism spectrum disorder (ASD) may come into contact with the criminal justice system as either victims, witnesses, or perpetrators of alleged criminal activity. It is crucial, therefore, that the criminal justice system (CJS) is able to respond appropriately when faced with such an individual who may, if higher functioning, appear to all intents and purpose “normal.” It is equally crucial that caregivers, families, and health professionals have an understanding of the factors that may lead to CJS involvement such that strategies can be put in place to reduce the risk of unlawful behavior. While it is certainly true that autistic people are vulnerable to being a victim of crime, much of the literature has been concerned with the risks of perpetration. This is driven, in part at least, by the potentially far reaching consequences for the individual who is accused of a crime. As will be discussed subsequently, despite the lack of clear scientific data regarding the epidemiology and etiology of unlawful behavior among autistic people, many different factors related to the autism phenotype can theoretically impact on risk, and an understanding of these factors can reduce this risk. Understanding these risk factors can also inform the rehabilitation needs of such individuals, who may not necessarily benefit from generic forensic mental health services. Moreover, for those already in the CJS, much can be done to ensure that their vulnerability is recognized and managed accordingly.