Search or view whole report

View PDF

Credibility

Although there is now a greater awareness and understanding of mental illness in the community, it is still commonly misunderstood. Negative perceptions of mental illness—including that people with a mental illness have violent tendencies—lead to stigma and discrimination in the community. Those interviewed for this study indicated that people with a mental illness also face stigma in the legal system, where they are often viewed as lacking credibility. As discussed in Chapters 4 and 5, the perception that people with a mental illness are unable to perceive the ‘reality’ of events, and are therefore not telling the truth, can create a barrier to accessing legal services, and prevent people from participating effectively in the legal system.

For example, service providers reported that, in some circumstances, lawyers have difficulties believing or taking seriously a complaint from a person with a mental illness, particularly if what they are saying is not clear. This may be exacerbated by communication problems between lawyers and clients. Not being taken seriously could also prevent people from addressing their legal issues. A recommendation was for solicitors working with clients who have a mental illness to treat all their claims as legitimate, and to work together with their client to try and gain a clear understanding of events.

Similarly, in the legal system people with a mental illness (particularly those who have been the victim of sexual assault) may not be taken seriously when they are giving evidence or even making a complaint to police. This can in turn deter those who have been the victim of an assault from making a complaint to the police. People with a mental illness who are viewed as being ‘excessive complainants’ are also seen to lack credibility. Where people have legitimate complaints, perceptions that they are being vexatious may prevent them from being taken seriously by people in the legal system.

Misconceptions of mental illness within the legal system could be addressed by providing training to people in the legal system to make them more aware and more understanding of people with a mental illness. This may overcome common beliefs that people with a mental illness are less credible.