First legislative steps breaking down the barriers to justice
03/12/2014
On International Day of People with Disability, Dignity for Disability MLC Kelly Vincent is pleased to see the South Australian Parliament taking steps towards improving access to criminal justice for people with disabilities by passing the Criminal Law Consolidation (Sexual Offences – Cognitive Impairment) Amendment Bill.
“The passing of this law is hopefully the first in a tranche of legislation implementing legislative changes that ensure people with disability, whether victims or offenders, can access justice in this state,” says Kelly Vincent.
“It is encouraging to see the Government, Opposition and all crossbenchers supporting the passage of this legislation, and backing Dignity for Disability’s amendment which removed a stigmatising term about people with mental illness.
“This legislation helps enshrine protection for people with intellectual disabilities against sexual abuse or exploitation, while also ensuring their sexual autonomy.
“The first offence created by this Bill prevents obtaining either sexual intercourse or indecent contact through undue influence between a service provider and a person with cognitive impairment.
“The second offence is the performance of an indecent act by a service provider without the consent of a person with cognitive impairment, or obtaining their consent by undue influence.
“Anecdotal evidence suggests there are some predators that seek to misuse their authority to establish sexual relationships, so it’s vital that our laws protect those in our community that may need it.
“However, it’s also important to remember that people with intellectual disabilities are as diverse in their needs and desires as anyone else, and the community needs to recognise, promote and support this.
“Too often, people with disabilities are assumed to be asexual, or are infantilised and assumed to be forever children. Whilst this assumption is often well meaning, and seeks to ensure our safety, it denies us basic rights and can lead to us being isolated.
“It is essential that people with cognitive impairment are provided with the same education opportunities and the fullest possible control over all aspects of their lives,” said Ms Vincent.
