Sexual Offences Against Persons With a Cognitive Impairment By Doctors etc.
An indecent act in the same circumstances has a maximum period of imprisonment of 5 years attached to it.
The Courts consider it to be a very serious charge given that the offending is often characterised as preying on the very vulnerable.
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.
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.
There are also the normal sort of defences such as a dispute on the facts as to what actually occurred.
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.
The section that covers this offence is section 52 of the Crimes Act.
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
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)
- Community Corrections Order
- Suspended Prison Sentence
- Term of Imprisonment
What is the legislation for the charge of Sexual Offences Against Persons With a Cognitive Impairment By Doctors etc.?
The legislation for this offence can be found on section 52 of Crimes Act 1958.
You may also visit this page to view sentencing decisions by Victorian County Courts for sexual offences against the cognitively impaired.
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.