Friday, March 21, 2008

Austrailian state toughens rape laws to target those who target impaired adults

The Austrailian state of New South Wales is revising its sexual assault statutes to make it easier for prosecution of sexual abusers of developmentally disabled and other cognitively impaired people. The rate of sexual abuse for this group ranges from 50% to 90%.

Mr Hatzistergos said the term "cognitively impaired" would replace "intellectually disabled" to bring stroke victims, people suffering from alzheimers and the victims of brain injury under the protection of the law.

They are the latest sweeping reforms to the state's sexual assault laws following recommendations from prosecutors, police and health workers on the Government's Sexual Assault Task Force report.

"Taking advantage of a cognitively impaired person for sexual gratification is despicable," Mr Hatzistergos said.

"With the introduction of these laws we are protecting a broader group of disabled people who are vulnerable to the vile predators who prey on them."

Studies have revealed that assaults against intellectually disabled people are severe and ongoing because the victims are not taken seriously or are unable to communicate the problem.

Often the abuse remains hidden by residential care homes, the Task Force report said.

Sexual assault expert Julie Blyth said these victims were more vulnerable because their abusers believed they either would not or could not report them.

"You do not think of these people being targets but it is important for people to realise that offenders target vulnerability. It is about power," said Ms Blyth, of the Northern Sydney Sexual Assault Service.

The penalty for sexual abuse of a cognitively impared person is 10 years for a carer and 8 years for others. There have been only 21 pro secutions of such cases in New South Wales between 2000 and 2005. Rape crisis personnel have worried that cognitively impaired people would not stand up to cross examination.

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