Court finds mentally impaired man not guilty of child sex and incest charges

The Victorian County Court heard the man, who cannot be named for legal reasons, was "clearly acutely psychotic and very unwell at the time of the alleged offences".

He was facing two charges of sexual assault of a child under 16 years, and one of sexual penetration of a child of lineal descendant.

The man, given the pseudonym of Noah Adams, had pleaded not guilty to the alleged offences, with consultant forensic psychiatrist Dr Rajan Darjee telling the court Mr Adams did not know the nature and quality of the conduct in the moments when he was perpetrating the alleged sexual abuse.

"He genuinely believed his daughter was possessed by an evil spirit who was compelling him to engage in sinful sexual behaviour," he said.

"Although he knew it was his daughter's body, the evil spirit had taken her over at the time, and he believed he was engaging sexually with the demon.

"He also did not know that the conduct was wrong, and in my view, he could not reason with a moderate degree of sense and composure about whether the conduct, as perceived by reasonable people, was wrong.

"Due to his delusional mental state at the time, he believed he was in a spiritual conflict with the demon who possessed his daughter, and although he knew sexual contact and behaviour with his daughter was wrong, when he allegedly offended, he believed her to be possessed by a demon who was compelling and tempting him to act as he did."

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Under Victorian law, the defence of mental impairment is established for a person charged with an offence here at the time of engaging the conduct constituting the offence.

The person was suffering from a mental impairment that had any effect of or effect that he or she did not know the nature and quality of the conduct; or he or she did not know that the conduct was wrong, that is, he or she could not reason with a moderate degree of sense or composure about whether the conduct was as perceived by reasonable people was wrong.

The court heard Mr Adams was diagnosed with schizophrenia in his late 20's. He has had contact with mental health services and brief admissions to hospital since he was 25 years old. At the time of the alleged offending he was more than 50-years old, and had ceased taking his anti-psychotic medication.

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Two psychiatric reports submitted to the court claimed Mr Adams had reported that his daughter was possessed by evil spirits. Mr Adams had sealed the windows of his home with silver paper to block out the "rays" and he constructed a "faraday cage" in his front room where he slept.

He said the demons were in his house.

Mr Adams had attended a police station and handed himself in upon reporting the alleged offending.

He remains in a mental health unit and has resumed taking his medication.

Judge John Carmody adjourned the matter until Monday, October 24, and ordered a further report be prepared by the Secretary of the Department of Health and Human Services, and that this report be delivered on or before Monday, October 3.

If you or someone you know needs support:

If you or someone you know is impacted by sexual assault, family or domestic violence, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au. In an emergency, call 000.

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