Module 10
Language Access: Interpreters in Adult Victim Sexual Assault Cases

Legal Mandates for Language Access Services

Under Title VI of the Civil Rights Act of 1964, recipients of federal funds, including law enforcement agencies and state courts, must ensure that LEP does not impede an individual’s ability to communicate effectively with the recipient (the law enforcement agency, court, etc). This generally means that law enforcement and courts must provide interpretation services.1

Under the Americans with Disabilities Act, “services, programs, or activities of a public entity,” including law enforcement and courts, must ensure that individuals with hearing and/or visual impairments are not discriminated against in that they must be able to communicate effectively with the entity.2 Similarly, Section 504 of the Rehabilitation Act imposes this duty on any recipient of federal funds.

A 2010 letter from the U.S. Department of Justice (DOJ) highlights the need for language access at all points of the justice process and for all those navigating the process:

“Courts should also provide language assistance to non-party LEP individuals whose presence or participation in court is necessary or appropriate…”
 

“DOJ expects courts to provide meaningful access for LEP persons to such court operated or managed points of public contact in the judicial process, whether the contact at issue occurs inside or outside the courtroom.”3

Disclaimers and Footnotes

1. For more information, visit https://www.lep.gov/.

2. More information about the ADA’s requirements regarding effective communication is available at https://www.ada.gov/effective-comm.htm.

3. Full text of letter is available at https://www.lep.gov/final_courts_ltr_081610.pdf.

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