Have you been charged with Sexual Offences Against People with Impaired Mental Functioning?
If the answer is yes, you will need the services of an experienced criminal lawyer to help you navigate the legislation.
Section 51 of the Crimes Act 1958 establishes two different scenarios in which you may be charged with this offence. Your level of involvement in the commission of the offence will determine which subsection you will be charged under.
Please read below for further information in relation to this charge.
The offence
Section 51 of the Crimes Act 1958.
To establish an offence under Section 51 of the Crimes Act 1958 the prosecution must prove:
the defendant was a person who at the relevant time provided medical or therapeutic services to another person;
the other person was a person with a cognitive impairment;
the other person was not the spouse or de facto spouse of the defendant; and
the defendant took part in an act of sexual penetration with that other person.
To establish an offence under Section 51(2) of the Crimes Act 1958 the prosecution must prove:
the defendant at the relevant time provided medical or therapeutic services to another person;
that other person was a person with a cognitive impairment;
the other person was not the spouse or de facto spouse of the defendant;
the defendant committed or was party to the commission of an indecent act with that person.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Sexual Offences Against People with Impaired Mental Functioning cases can only be heard in the Magistrates’ Court of Victoria.
Questions to consider
Do you have a defence? If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult a specialist criminal lawyer urgently. Don’t delay and leave your preparation to the last minute. Adequate preparation time can be critical in determining the outcome of your proceedings.
If you have been charged with Sexual Offences Against People with Impaired Mental Functioning call us, and arrange to see one of our experienced lawyers today.
The legislation
51. Sexual offences against people with impaired mental functioning
A person who provides medical or therapeutic services to a person with impaired mental functioning who is not his or her spouse or de facto spouse must not take part in an act of sexual penetration with that person.
Penalty: Level 5 imprisonment (10 years maximum).
A person who provides medical or therapeutic services to a person with impaired mental functioning who is not his or her spouse or de facto spouse must not commit, or be in any way a party to the commission of, an indecent act with that person.
Penalty: Level 6 imprisonment (5 years maximum).
Consent is not a defence to a charge under this section unless at the time of the alleged offence the accused believed on reasonable grounds that he or she was the spouse or de facto spouse of the other person.
This section only applies if the services are related to the impaired mental functioning.
