Sexual Offences Against Persons With a Cognitive Impairment By Doctors etc.

– section 52 of Crimes Act 1958

The offence is one that covers committing an act of penetration or an indecent act so it can be quite wide in nature. Consent is not generally a defence to the charge and this is based on the fact that the person has a cognitive impairment.

The Courts consider it to be a very serious charge given that the offending is often characterised as preying on the very vulnerable.

You should ring us and discuss your case if you have been charged or are likely to be interviewed in relation to a charge such as this one.

Do not wait until after the interview as there is a lot of advice that may assist you in your case and you should be making informed decisions about how your case will proceed.
We currently do not have examples of Sexual Offences Against Persons With a Cognitive Impairment By Doctors etc.
 
In a case of Sexual Offences Against Persons With a Cognitive Impairment By Doctors etc., the following defences may be applicable to the charge:

  • Factual Dispute and Concept of Beyond Reasonable Doubt
It is a defence to the charge if the accused can prove that they believed on reasonable grounds that the other person did not have a cognitive impairment.
 
What penalties can be imposed for a charge of Sexual Offences Against Persons With a Cognitive Impairment By Doctors etc.?
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment
An indecent act in the same circumstances has a maximum period of imprisonment of 5 years attached to it.

You may also visit this page to view sentencing decisions by Victorian County Courts for sexual offences against the cognitively impaired.
 
The legislation for this offence can be found on section 52 of Crimes Act 1958.

Amendments to the Crimes Act in 2016 removed the distinction between sexual offences against persons with a cognitive impairment by Doctors etc. or other persons. This offence only applies to offending that occurred prior to 1 July 2017.
 
We currently do not have case studies and links to other information about Abduction of a Child Under the Age of 16 for a Sexual Purpose.
 
We currently do not have any sentencing info for the offence of Abduction of a Child Under the Age of 16 for a Sexual Purpose.