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

– section 52 of the Crimes Act 1958

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.

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 any examples for the offence of Sexual Offences – Persons With a Cognitive Impairment By Providers of Special Programs.
 
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.
 
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
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.
 
Links to further information about the charge of Sexual Offences – Persons With a Cognitive Impairment By Providers of Special Programs:
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.