Call Us (03) 9670 5111

Client Reviews
Case Results
Doogue + George

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 characterized 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.

 

Further information on Sexual offences – persons with a cognitive impairment by providers of special programs

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:

Penalties

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

Legislation

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.

Case Studies

We currently have no available case studies for the charge of Sexual offences – persons with a cognitive impairment by providers of special programs.

Media Articles

Media articles related to the charge of Sexual offences – persons with a cognitive impairment by providers of special programs:

Further Info

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 page to view sentencing decisions by Victorian County Courts for sexual offences against the cognitively impaired.

 

Need further legal advice on this charge?
Contact one of our solicitors specialising in cases of Sexual Offences – Persons With a Cognitive Impairment By Providers of Special Programs, Andrew George.