Living with autism spectrum disorder, or ASD, is absolutely nothing to be ashamed of, but it can come with substantial challenges. When an individual with ASD is charged with a crime, navigating the legal process can be complex and confusing for the individual, their families, and their caregivers. In these situations, especially in cases of alleged child pornography, having a skilled and experienced Boston autism spectrum disorder lawyer can prove vital for challenging the prosecutors case, building a comprehensive defense, and presenting mitigating evidence.
The Law Offices of Daniel DeMaria is intimately familiar with ASD and can help those with ASD deal with criminal charges. ASD can serve as both a defense to charges as well as a mitigating factor at sentencing. Those with ASD may be well-positioned to receive a successful outcome in both State and Federal Criminal Cases.
In Massachusetts, it is estimated that one in 44 children between the ages of 3 and 17 has been diagnosed with some form of autism. ASD is a nervous system and developmental disorder. It has a varying level of impact on an individual’s ability to interact socially and communicate with others, especially their peers. The symptoms of ASD can vary and have a large range of effects on their behavior.
No two individuals diagnosed with ASD are alike; however, common symptoms of ASD can include the following:
Men and women who have autism spectrum disorder can experience different levels of severity in their symptoms. When these individuals find themselves charged with a crime, it is usually in cases where they simply did not realize their actions were criminal. This is where a Boston ASD lawyer can be extremely beneficial. According to one study, 23% of diagnosed adults have had some form of contact with the criminal justice system.
Due to certain symptoms of ASD, like finding it difficult to communicate and interact socially, it can be extra confusing for these individuals to have to navigate the criminal justice system on their own. That is why having an experienced attorney who understands the nuances of ASD is so important.
In Boston, and throughout the State and Country, possessing, producing, or distributing child pornography is a very serious crime. When an individual with ASD explores the world of online pornography, they may be exposed to child pornography without realizing the legalities of such exposure. The line between pornography and child pornography might be blurred for people with ASD, as they can be completely unaware they have even crossed a legal and moral line. How can something which is readily available online be illegal?
Young adults, especially teens with autism spectrum disorder, might find themselves drawn to child pornography because of their social or emotional immaturity.
There are several reasons why individuals with ASD might find themselves charged with child pornography offenses. These include:
One of the defining aspects of having autism is the difficulty that these individuals may experience in understanding social conventions and norms. They may have a harder time understanding how certain behaviors, such as possessing child pornography, can be considered inappropriate or even illegal. This lack of awareness, combined with acting on impulse, may make them more subject to disaster.
Individuals who have ASD and are high-functioning are often misunderstood both by the public and law enforcement. These people may come off as indifferent to the alleged crime and lacking acceptance of responsibility or remorse. They may act in a way that would not be considered “normal.” This can lead to the individual being viewed as hostile or uncooperative by law enforcement, as their actions and behavior may not be fully understood.
One of the most common aspects of autism is the individual’s difficulty in distinguishing between reality and fantasy. Many with ASD often have large and beautiful imaginations, yet these imaginations may sometimes lead them down a path they do not realize is harmful. This can include cases of sexual fantasies, which may cause them to turn to child pornography.
Individuals with autism are often the victims of bullying, and they are often more susceptible to pressure or coercion from outside sources. They may be more easily manipulated or coerced into downloading or circulating child pornography without realizing what exactly it is they are doing. This can be particularly true if these individuals lack a strong support system or network of individuals who can help them.
ASD is a nuanced disorder, and autistic individuals often do not realize that child pornography represents real children who are being abused and exploited. People with autism spectrum disorder deserve to be treated with respect and understanding, especially by the criminal justice system. The Law Offices of Daniel DeMaria can make sure that such respect and understanding are offered by judges, and your ASD loved one is protected to the full extent.
If you or a friend or family member with ASD has been charged with possessing, distributing, or producing child pornography, the Law Offices of Daniel DeMaria can provide you with skilled and effective legal representation. Our firm understands how autism spectrum disorder can serve as a potential defense or mitigating factor. We have the knowledge and experience to use your ASD diagnosis to your benefit during plea bargaining, at trial, and during sentencing. This knowledge can be particularly useful during potential pre-trial diversion scenarios and at sentencing. Effective representation can be the difference between dismissal and conviction, or between probation and a lengthy prison term. The Law Offices of Daniel DeMaria is available to represent those with ASD in both State and Federal Court. Contact our offices today to arrange a consultation.