Sexual Offences against the Cognitively Impaired

Offences covered in this table:

-Sexual penetration of a resident with a cognitive impairment at a residential facility by a worker at that facility (maximum penalty: 10 years’ imprisonment); and

-Indecent act with a resident with a cognitive impairment at a residential facility by a worker at that facility (maximum penalty: 5 years’ imprisonment);

-Indecent act with person with cognitive impairment by provider of medical or therapeutic services (maximum penalty: 5 years’ imprisonment).

Case / Date / Disposition Type / Head Sentence / Orders / Individual Sentences / Plea / Offence / Appeal Status
Ranwala
[2016] VCC 31 / 21 January 2016 / Custodial / 56 months (4 years and 8 months)
NPP – 36 months (3 years) / Sexual penetration of a resident with a cognitive impairment at a residential facility by a worker at that facility x 9 (3 years and 4 months x 9); and
Indecent act with a resident with a cognitive impairment at a residential facility by a worker at that facility x 2 (6 months x 2). / NG / Offending –O committed sexual offences against V over short period of time whilst O was engaged in night duty as worker at Department of Human Services facility. On 2 occasions O invited V into staff quarters where O deliberately plied V with methylamphetamine and committed sexual offences upon V. On the second occasion O’s offending conduct was effectively continued by O driving V to O’s home after committing the offences in the staff quarters and sexually penetrating V by introducing O’s penis into V’s anus at O’s home. O had opportunity to reflect between the offending conduct. Serious breach of O’s duty. Ongoing adverse effect on V psychologically. Serious sex offender.
Offender – No prior convictions, no remorse or insight, highly intelligent, 50 y male, drug use, totality.
Ferrero [2016] VCC 1195 / 17 August 2016 / CCO / 18 month CCO (1 year and 6 months):
- community work (250 hours – hours spent on programs deducted from work hours);
- supervision; and
- offending behaviour programs. / Indecent act with person with cognitive impairment by provider of medical or therapeutic services (representative) / G (late) / Offending – O was treating physiologist of V (diagnosed with depression). V attended O’s home when she was upset and emotional. O held V as he stood behind her. O then removed his clothing, pulled down V’s underwear and rubbed his penis against V’s vagina. O could not get full erection and there was no sexual penetration. On a previous occasion, O massaged V’s breasts during massage when V said her neck was sore. O became emotionally and sexually fixated on V and ignored her vulnerability. O repeatedly crossed professional boundaries. Behaviour especially harmful to V who was still unwell when O ceased treating her but did not seek treatment for some time because of O’s actions.
Offender – No prior convictions, depression (under control), difficult imprisonment due to physical health issues, 73 y male, delay, prior good character, work history, intelligent, largely socially isolated, somewhat limited remorse, increased insight, degree of extra curial punishment in loss of professional reputation, suspension of practising certificate and loss of reputation within community, very good prospects of rehabilitation.

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