Offences against young people with impaired mental functioning

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In some states, as part of the introduction of mandatory reporting, there are now specific guidelines to be followed for reporting allegations of physical or sexual assault against people with impaired mental functioning who are in the care of State institutions. These guidelines are readily available. The guidelines require that all allegations of physical and sexual assault must be reported to the police - in the case of clients in the care of relevant government departments, even if the client does not consent to the matter being reported.

However the client may choose not to pursue the matter upon questioning by the police. If the client is not in the care of the relevant department and is able to make an informed decision, then an allegation of physical or sexual assault will not be reported to the police against their expressed wishes.

These guidelines have been developed in recognition of the powerlessness which often accompanies the experience of institutionalisation. In particular, it is well recognised that women in institutions are extremely vulnerable to sexual violence by staff and other residents. Mandatory reporting of these crimes has been introduced in an effort to formalise the way in which women are treated following a disclosure. It is critical to ensure that access to justice is not denied on the basis of disability.

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Disclaimer Copyright Updated: 9 Oct 2009