Guss and Elissa
Content Warning: These stories are about violence, abuse, neglect and exploitation and may include references to suicide or self-harming behaviours. They may contain graphic descriptions and strong language and may be distressing. Some narratives may be about First Nations people who have passed away. If you need support, please see Contact & support.
‘I believe that [Guss] was treated unfairly all throughout this process and his disability was used against him in the worst possible way – branding him something he is not, never has been and never will be.’
Elissa is the mother of Guss, who’s in his 40s, transgender and autistic.
‘[Guss] is like a big kid. He plays Lego, he watches all the kids movies,’ Elissa told the Royal Commission. ‘He's not simple, he's not dumb [but] I don't think he's mentally got any further than [a teenager] in regards to emotional growth.’
Guss lives at home with his mother. Several years ago, not long after his father died, police knocked on the door.
‘[Guss] opened the door and was immediately placed in handcuffs … I said to the policeman in charge that [Guss] had a disability and could answer with an incorrect answer or an answer seemingly unrelated to the question.’
Elissa said the police interviewed him alone and then took him to the police station.
‘I didn't know about that at the time [but Guss] said he was either told not to bring mum or there was no need to bring mum – he couldn't remember which.’
Police held Guss for five hours.
‘You could imagine what this did to his anxiety all alone, by himself in a foreign place.’
Police interviewed Guss without a support person with him even though they knew he was autistic. They charged him with a child exploitation offence.
‘[Guss] didn't talk to children or groom children. He didn't have any photos of children or share anything with anyone in regards to children. He was in a chatroom … I was told by the police that he did not say anything bad.’
Guss pleaded guilty and was given a probationary sentence, but Elissa said Guss did not understand what he admitted to.
‘[Guss] always tries to do the right thing and is quick to tell the truth. But he needed someone to be his go-between communicator and to look after his rights. Both his psychologists have mentioned he has a communication disability.’
Elissa said Guss ‘wanted to plead guilty because of the acute stress and anxiety he was under’.
‘I was recently told [Guss] had three strikes against him with the police from the very beginning. One that he was transgender, the other with the paedophile [accusation] and I can't remember the third thing. But I think it was having a disability.’
Elissa now feels trapped in her home, isolated from family and community.
‘This is a lifetime sentence for both of us. I have felt so weak for so long. Every time I think about this I just feel weak. So I haven't been able to sort of move forward to sort of help [Guss] with it … He is absolutely terrified to have to go back to court.’
Elissa told the Royal Commission people with a communication disability need a lawyer ‘from the very start that is not connected to police’.
‘An unbiased person straight away. Because in our situation we were just a mess to start with and had no hope from the start.’
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.