Gianni
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Gianni, 60s, has a hearing impairment and physical disability. He works as a disability advocate in a regional area.
Gianni told the Royal Commission about one of his clients, Jen, who has an intellectual disability and lives in a group home.
When Gianni started working with Jen she was having a sexual relationship with one of the male residents in the home. The male resident was physically violent to other residents and staff. He also masturbated on one of the other female residents.
Support workers told Gianni ‘not to worry’ about Jen because the relationship ‘was consensual’. Gianni said this ‘raised alarm bells’ and he questioned whether Jen had the capacity to give ‘informed consent’.
‘Everyone else still stuck their heels in and said it's consensual, leave it alone.’
Gianni made a report to police.
Management arranged for an in-house social worker to conduct a capacity assessment with Jen via Zoom.
Gianni felt this was ‘ridiculous’.
‘How can you know someone by doing an assessment by Zoom? And I questioned whether a social worker is actually qualified to make that type of assessment.’
Gianni asked management to send Jen and the support worker most familiar with her to a doctor, for the doctor to assess whether Jen could consent.
The doctor concluded Jen could not give informed consent.
Management contacted the public guardian who said the doctor was not qualified to decide whether Jen had capacity to consent to a sexual relationship. Gianni pointed out Jen only had a public guardian because the same doctor had said Jen couldn’t make complex decisions.
The provider continued to argue Jen had a right to have a sexual relationship. Gianni agreed but also believed Jen had ‘a right to safety’ and that staff have to ‘make sure that she can make informed consent’.
Ultimately the provider moved the male resident to a different home.
Gianni said the other residents were much happier after he left.
Disclaimer: This is the story of a person who shared their personal experience with the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability through a submission or private session. The names in this story are pseudonyms. The person who shared this experience was not a witness and their account is not evidence. They did not take an oath or affirmation before providing the story. Nothing in this story constitutes a finding of the Royal Commission. Any views expressed are those of the person who shared their experience, not of the Royal Commission.