A man, accused of sexually assaulting a three-year-old girl, has been returned to the community after being deemed mentally unfit to face trial.
The situation has led to the State’s top judge addressing shortcomings in the law, which limit the court’s options when dealing with alleged offenders whose mental impairments are so severe that they cannot be processed by the justice system.
Harold Tax, 20, faced charges for committing an indecent act with intent to insult or offend and for indecent dealings with a child under 13.
However, he will not be tried for either charge, as Supreme Court Chief Justice Wayne Martin concluded yesterday that he was unfit to stand trial.
Allegedly, Mr. Tax, who has an intellectual disability, took the girl from a local shop where she was accompanied by her mother in April of last year.
Later, the toddler was reportedly found at Mr. Tax’s residence, lying naked on a mattress while the accused was touching her genital area.
Additionally, he is said to have followed a woman down a street while making inappropriate gestures and yelling obscenities of a sexual nature in December 2008.
In his ruling, Chief Justice Martin remarked that due to legislative deficiencies, he had only two available courses of action—imprison the accused indefinitely without a trial or release him unconditionally.
“That situation is clearly unsatisfactory and fails to provide the court with a sufficient range of remedies to address complex and multifaceted cases like this,” he noted.
Shadow attorney-general John Quigley emphasized the need for legal reform to handle such instances effectively.
“When the indictment is withdrawn due to the individual’s inability to stand trial, there should be a mechanism similar to a conditional release order that allows the court to impose conditions on their reintegration into the community,” he stated.
Attorney-General Christian Porter has chosen not to comment, as he is currently reviewing the judgment.
Cathy Kezelman, chairwoman of Adults Surviving Child Abuse, stated that Mr. Tax’s situation reflects a failing mental health system. “It’s a very unfortunate illustration of our mental health system when someone in need of care, due to their mental illness, becomes involved in a sexual assault crime,” she commented.
“Naturally, there would be concerns regarding the risk to the community with his release.”
Mr. Tax has been placed back into a remote Aboriginal community near Halls Creek with supervision from his mother and two aunts to monitor his actions.
