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

Sexual Offences – VIC

Welcome to the VIC Sexual offences – persons with a cognitive impairment by providers of special programs article page. Everything you need to know about Sexual offences – persons with a cognitive impairment by providers of special programs according to VIC law.

What the Law States according to VIC Law for Sexual offences – persons with a cognitive impairment by providers of special programs

According to VIC Law for the charge of Sexual offences – persons with a cognitive impairment by providers of special programs,

Crimes Act 1958 – SECT 52
Sexual offences against persons with a cognitive impairment by providers of special programs

52. Sexual offences against persons with a cognitive impairment by providers of special programs

(1) A worker at a facility must not take part in an act of sexual penetration with a person with a cognitive impairment who-

(a) is residing at the facility or attending the facility to take part in a program specially designed to meet the developmental or educational needs of persons with a cognitive impairment; and

(b) is not his or her spouse or domestic partner.

Penalty: Level 5 imprisonment (10 years maximum).

(2) A worker at a facility must not commit, or be in any way a party to the commission of, an indecent act with a person with a cognitive impairment who-

(a) is residing at the facility or attending the facility to take part in a program specially designed to meet the developmental or educational needs of persons with a cognitive impairment; and

(b) is not his or her spouse or domestic partner.

Penalty: Level 6 imprisonment (5 years maximum).

(3) Consent is not a defence to a charge under this section unless the accused satisfies the court on the balance of probabilities that at the time of the alleged offence the accused believed on reasonable grounds that he or she was the spouse or domestic partner of the person residing at or attending the facility.

(4) If consent is relevant to a charge under this section, the prosecution bears the burden of proving lack of consent.

The Maximum Penalty – Sexual offences – persons with a cognitive impairment by providers of special programs

According to VIC Law for the charge of Sexual offences – persons with a cognitive impairment by providers of special programs, 5 – 10 years.

What the Police must prove according to VIC Law for Sexual offences – persons with a cognitive impairment by providers of special programs

(a) The accused was at the relevant time a “worker” (as defined in s 50(1)) of Crimes Act 1958 (Vic) at a “residential facility” (as defined in s 50(1))).

(b) The accused took part in an act of sexual penetration with a person who was a “resident” (as defined in s 50(1)) of that facility.

(c) Alternatively, the accused committed or was a party to the commission of an indecent act with another person.

(d) The complainant was not a spouse or de facto spouse of the accused.

Possible Defences under VIC Law – Sexual offences – persons with a cognitive impairment by providers of special programs

(a) Consent
(b) Factual dispute
(c) Identification dispute

In VIC which court will hear the matter – Sexual offences – persons with a cognitive impairment by providers of special programs

County Court

 

Date: 09/01/2009

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