Sexual Offences – Persons With a Cognitive Impairment By Providers of Special Programs

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

The offence is one of committing 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 most obvious defences in cases such as these are factual disputes ie the accused denies that they have ever committed on the cognitively impaired person. Obviously depending on the circumstances the issue of whether a person actually was cognitively impaired could well become an issue. Also whether a person, is in fact, the provider of a special program could be a defence.

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.

Possible Defences

In a case of Sexual Offences – Persons With a Cognitive Impairment By Providers of Special Programs, 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 – Persons With a Cognitive Impairment By Providers of Special Programs?
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment
What is the legislation for the charge of Sexual Offences – Persons With a Cognitive Impairment By Providers of Special Programs?

The legislation for this offence can be found on section 52 of Crimes Act 1958.

Media articles related to the charge of Sexual Offences – Persons With a Cognitive Impairment By Providers of Special Programs:
Links to further information about the charge of Sexual Offences – Persons With a Cognitive Impairment By Providers of Special Programs:

 
You may also visit this to view sentencing decisions by Victorian County Courts for sexual offences against the cognitively impaired.