A FEMALE Victorian carer who had a sexual relationship with a 16-year-old client has avoided jail time.
Victoria Giddens, who was aged 20 when she had the relationship with the girl, will be a registered sexual offender for life and unable to work in any profession that involves contact with children.
The pair’s three-month relationship in 2008 was consensual but illegal because of Giddens’ position of authority. On Friday, Giddens, who was studying social work at university and had hoped to pursue a career in the field, was convicted and handed a 12-month community based order by Victorian County Court judge Ross Howie.
“This was consensual conduct by two young people,” Judge Howie said. “It was criminal conduct because (the victim) a 16-year-old was under your care, supervision or authority.
“What you did was plain wrong. It was not an isolated act of wrongdoing.” Judge Howie said the offending occurred in a regional Victorian city at a time when the carer was entrusted to look after the girl and she had breached that trust. But he said her actions were not those of a mature, experienced, professionally trained carer.
“This has had a profound and damaging impact on your future prospects and career,” Judge Howie said. The client was under a Department of Human Services order that she be cared for 24 hours a day. The court heard Giddens had led an otherwise faultless life and had been involved in caring for the disabled since she was 16.
Giddens’ barrister, Tony Lewis, told her pre-sentence hearing last month she made a “tragic and foolish mistake which will have far-reaching consequences”. He said his client had little training before she began the job. “It seems that Ms Giddens was placed in a situation that was beyond her level of expertise … beyond her professional level to control and beyond her emotional level to control,” Mr Lewis said.
Giddens, now 22, pleaded guilty to four counts of sexually penetrating a child aged 16 under her care supervision or authority.
She must complete 150 hours of community work as part of the community based order.
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