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Posted September 08, A teenage
Mentally impaired accused of sexual harassment accused of committing multiple sex assaults from the age of 13, including molesting a six-year-old girl while on bail, has been released into his community on the advice of psychologists. The case comes amid renewed calls for reform to the way mentally impaired offenders, particularly juveniles, are treated in Western Australia's justice system.
The year-old, who cannot be identified for legal reasons, was facing more than 20 offences for sexual assault and burglary, and the possibility of life in detention, when his charges were dismissed in the WA Children's Court last month. He was first arrested at the age of 13, accused of indecently assaulting a year-old woman in her home and raping a year-old woman in the front yard of her house in a remote Kimberley town.
While on bail in March last year, he's alleged to have molested a six-year-old girl, before being remanded in custody. Under the Criminal Law Mentally Impaired Defendants Actif a person is found unfit to plead and has no Mentally impaired accused of sexual harassment of regaining their fitness within six months, the court must dismiss the charges.
The alleged offender must then be either detained, potentially indefinitely, or released into the community. In response to questions from the ABC, Western Australia's Director of Public Prosecutions Amanda Forrester said the teenager was placed into the latter category by the court on August 21 and immediately released.
It is unclear what support services have been offered to him and other juveniles accused of offences in similar circumstances. A spokeswoman for WA's Department of Justice said it had no responsibility to monitor offenders after their release. Western Australia's justice system has struggled to effectively deal with people whose violent offences were complicated by mental illness issues.
Ina United Nations Committee found Australia had breached the Convention on the Rights of Persons with Disabilities for indefinitely imprisoning Marlon Noble, an Aboriginal man charged with sexual assault. Mr Noble was jailed for more than a decade after a West Australian court found him unfit to stand trial due to his intellectual disability.
Three months after the UN's finding, the Law Society of Western Australia implored the State Government to adopt a more nuanced approach to handing out appropriate sentences to people unfit for trial. It asked the Government to put mechanisms in place to ensure defendants were not pleading guilty to avoid the consequences of being declared unfit.
Also, that there should be limits on the length of time people could be held in custody after being declared unfit to stand trial. A review tabled to Parliament in included recommendations for greater flexibility when dealing with juveniles and removing mandatory custody orders. It provides annual reports to the Attorney-General on the condition of the accused, which may then form the basis for a release.
Despite some work having commenced on Mentally impaired accused of sexual harassment a Bill, no changes to the law have emanated," he wrote. Children's Commissioner Megan Mitchell said that while Australia had good safeguards in this area, she believed WA had room for improvement. More stories from Western Australia. If you have inside knowledge of a topic in the news, contact the ABC. Mentally impaired accused of lustful harassment.
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