Miss Molly Kernahan1, Professor Nathan Weber1, Professor Robyn Young1
1Flinders University, Bedford Park, Australia
Biography:
Molly Kernahan is currently completing her PhD in Clinical Psychology at Flinders University, South Australia. Her research interests are in autism and crime, with a specific focus on exploring autistic individuals’ involvement in criminal activity. With this research, Molly hopes to contribute to the understanding of autism within the criminal justice system.
Criminal cases suggest that autistic offenders may differ from non-autistic offenders in how they understand wrongfulness. However, empirical research remains limited and lacks in-depth qualitative data. This study explored whether autistic offenders differ from non-autistic offenders in recognising wrongful behaviour and reasoning about wrongfulness, both at the time of offending and following justice proceedings. Factors perceived to contribute to offending behaviour were also examined.
Abstract:
Twelve adults (6 autistic, 6 non-autistic) who had previously been charged with or convicted of a criminal offence participated. All participants completed a demographic questionnaire and took part in a semi-structured interview. Using Reflexive Thematic Analysis, autistic participants were more likely than non-autistic participants to report not recognising their behaviour as wrong at the time of offending. They often reasoned based on lack of intent, asserting that because they did not intend to commit a crime, they did not perceive their actions as wrong. In contrast, non-autistic participants commonly referenced legal or rule-based frameworks, describing awareness that their behaviour was wrong because it violated laws or rules. Following justice proceedings, both groups more frequently reasoned about harmful outcomes. Group differences emerged in perceived contributing factors; autistic participants described experiences of injustice, gullibility, and desire for social approval, whereas non-autistic participants more often cited substance use, addiction, and injustice-related beliefs.
Findings suggest autistic individuals may conceptualise wrongfulness differently, with greater emphasis on intentionality and contextual factors. These differences may contribute to vulnerability to criminalisation, highlighting the need for targeted education and enhanced criminal justice support.