VII. Crime Victims Who Are Deaf or Hard of Hearing

Background

The term "deaf" is used in reference to people who are unable to hear or understand oral communication with or without the aid of amplification devices. "Hard of hearing" refers to people with a hearing loss severe enough to necessitate their use of amplification devices to hear oral communication.

Almost 9 percent of the U.S. population is deaf or hard of hearing. Among the elderly, nearly 1 in 4 people between 65 and 74 years old and 1 in 3 people over age 75 have a hearing impairment.

Whether deaf or hard of hearing, crime victims with this disability are capable of cooperating fully with responding officers. To effectively meet victims' needs, however, first responders should determine and honor as early as possible the method by which victims wish to communicate.

Tips on Responding to Crime Victims Who Are Deaf or Hard of Hearing

• Signal your presence to victims by waving your hand or gently—so as not to startle—touching victims on the arm or shoulder if victims do not notice you.

• Determine how victims desire to communicate by initially communicating through writing in situations where victims are unable to hear you, they do not speech- or lip-read, and a sign language interpreter is not present.

• Realize that victims may not be literate in written English but may know American Sign Language (ASL).

• Never use a child to communicate with adult victims.

• Be careful not to assume that because victims are wearing hearing aids they can hear or understand you. The degree and type of a person's hearing loss may render hearing aids of limited assistance with the tones of speech.

• Remember in all your interactions with victims that deaf and hard of hearing people are visually oriented.

• Avoid shouting or speaking very slowly to make yourself heard and understood. This distorts your speech, lip movements, and facial expressions, which can make you seem upset.

• Never speak directly into a victim's ear.

• Bear in mind that not all people who are deaf or hard of hearing can speech- or lip-read and that only about 20 percent of words are readable from the lips; the rest is guessing.

• Use gestures and pantomime to better communicate. For example, you can motion toward a chair to offer victims a seat; touch your clothing, or hair, when interviewing victims for a description of the offender; and mimic drinking from a glass to ask victims if they are thirsty.

• Do not assume that victims are unable to speak or use their voice. Never use the words "deaf mute" or "deaf and dumb." Deaf people have the ability to use their voice but may prefer not to speak because of the quality of their speech.

• Observe victims' facial expressions and other physical gestures closely as deaf and hard of hearing people communicate a lot of information visually through their body language.

• Include victims in all conversations and describe any commotion. If you look away from victims to overhear another conversation, if you are distracted because of a noise or disturbance, or if you turn from victims to converse with someone else, explain to victims exactly what you are doing or what is happening.

• When interviewing victims who are hard of hearing—or victims who are deaf and desire to communicate by speech- or lip-reading—select a location free of distractions, interference, and, especially for those victims who are hard of hearing, any background noise, and
  • Face victims so your eyes and mouth are clearly visible. Be careful not to block your mouth with your hands or speak while looking away from victims or looking down at your notes.

  • Stand or sit at a distance between 3 and 6 feet from victims in a well-lit and glare- and shadow-free area. Avoid unnecessary gesturing and body movement because it is difficult for victims to speech- or lip-read if you are not physically still.

  • Begin speaking after you have the victim's attention and established eye contact.

  • Make your questions and instructions short and simple.

  • Speak clearly, distinctly, and slightly slower than usual but not unnaturally slow, and do not exaggerate your pronunciation of words.

  • If necessary, talk slightly louder than usual but never shout. Extremely loud tones are not transmitted as well as normal tones by hearing aids and shouting distorts lip movements.

  • Be prepared to repeat yourself. Use different words to restate your questions and instructions. The victim may have only missed a word or two initially and repetition will clarify what was missed.

  • Use open-ended questions and statements that require victims to answer with more than a "yes" or "no" to prevent misunderstandings. For example, say "Describe the offender for me," rather than asking, "Is the offender someone you know?"

• Honor victims' request for a sign language interpreter as is legally required—with few exceptions—by ADA and Section 504. The national Registry of Interpreters for the Deaf, at (703) 838-0030, has affiliate chapters in all 50 states that can help you locate an interpreter.

• When communicating through an interpreter, remember the interpreter is present solely to transmit information back and forth between the responding officer and victims, not to explain information or give opinions. Thus, when using an interpreter, you should
  • Stand or sit across from victims, in a glare- and shadow-free area, with the interpreter beside you so that victims can easily shift their gaze between you and the interpreter.

  • Speak at a normal volume and pace and directly to victims, not to the interpreter. Never ask "How is he feeling?" or say "Ask her how she is feeling." Address your question to victims: "How are you feeling?"

  • Ask victims, not the interpreter, to repeat or clarify an answer if you do not understand it.

  • Take breaks. Interpreting (signing) and receiving information visually can be tiring for both interpreters and victims.

• Recognize that a Deaf culture exists. This culture has a language—ASL—and experiences, practices, and beliefs about itself and its connection to the larger hearing society. Crime victims who identify with the Deaf culture may live more isolated from the hearing society and be less comfortable with that society, including you, than victims for whom their hearing loss is merely a physical condition.