Disabled man not guilty, but may be sent to juvenile detention anyway

A young Victorian man may be sent to youth detention because of his disabilities.

The man, who cannot be identified for legal reasons, was found not guilty of sexual assault and false imprisonment this year due to mental impairment but The Age reports he may still find himself behind bars.

The Department of Health and Human Services, which has been caring for the profoundly disabled teen since the age of 12, says it can no longer care for him in the community because of his erratic, violent and at-times sexualised behaviour.

It has asked the Children’s Court to send him to the Parkville Youth Justice Centre while a special secure unit can be built for him within the forensic residential facility at Fairfield.

But the president of the Children’s Court, Judge Amanda Chambers, has lashed out at the department’s proposal, saying young people like this man are worse off because of their disability.