What the Law states - Sexual offences - persons with a cognitive impairment by providers of special programs

Crimes Act 1958 - SECT 52

Sexual offences against persons with a cognitive impairment by providers of special programs

52. Sexual offences against persons with a cognitive impairment by providers of special programs

(1) A worker at a facility must not take part in an act of sexual penetration with a person with a cognitive impairment who-

(a) is residing at the facility or attending the facility to take part in a program specially designed to meet the developmental or educational needs of persons with a cognitive impairment; and

(b) is not his or her spouse or domestic partner.

Penalty: Level 5 imprisonment (10 years maximum).

(2) A worker at a facility must not commit, or be in any way a party to the commission of, an indecent act with a person with a cognitive impairment who-

(a) is residing at the facility or attending the facility to take part in a program specially designed to meet the developmental or educational needs of persons with a cognitive impairment; and

(b) is not his or her spouse or domestic partner.

Penalty: Level 6 imprisonment (5 years maximum).

(3) Consent is not a defence to a charge under this section unless the accused satisfies the court on the balance of probabilities that at the time of the alleged offence the accused believed on reasonable grounds that he or she was the spouse or domestic partner of the person residing at or attending the facility.

(4) If consent is relevant to a charge under this section, the prosecution bears the burden of proving lack of consent.