Fetal Alcohol Spectrum Disorder (FASD) is a diagnostic term used to describe impacts on the brain and body of individuals prenatally exposed to alcohol. FASD is a lifelong disability and it's estimated that between 3-5% of babies born in Aotearoa annually will have FASD.
Individuals with FASD will experience some degree of challenges in their daily living, and need support with motor skills, physical health, learning, memory, attention, communication, emotional regulation, and social skills to reach their full potential.
We expect people with FASD to be able to contribute well to their communities over the course of their lifetimes – when they have the right support. However, recognition and support for those with FASD isn’t yet consistent in Aotearoa, so those who have had insufficient interventions in place may end up coming to the notice of police.
This is usually the culmination of a series of common challenges for those with FASD. They are more likely to be excluded from school due to a lack of FASD-informed education practice; they are susceptible to being easily led; it can be hard to find and hold down a job; and although the government recognises FASD as a disability, they are mostly unable to access funding from Disability Support Services unless they have an IQ under 70 – which most don't.
Each individual with FASD is unique and has areas of both strengths and challenges – but having FASD can drastically increases a person's risk of contact with the criminal justice system.
People with FASD most often present as neurotypical: the majority can appear capable, informed, competent and talkative upon initial encounter, which is why it's referred to as the hidden disability. However, when asked more in-depth or abstract questions, it becomes obvious that their understanding may be incomplete or minimal; individuals will very often tell interviewers what they think they want to hear to get out of a stressful situation. This leads to high risk of miscarriages of justice – which those in the sector must address.
According to a 2019 study in Canada, over 30% of individuals in the penal system presented with FASD – an earlier study found that those with FASD were found to be 19 times more likely to be incarcerated (Popova et al 2011).
The Banksia Hill Detention Centre project in Western Australia found high rates of neurodisability and a rate of 36% with diagnosed FASD. An earlier study in America found that 60% of individuals who had been diagnosed with FASD ran into trouble with the law (Streissguth et al, 1996).
In the absence of any New Zealand studies we can assume that the situation is no better, due to the relatively high incidence of drinking in pregnancy.
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