Intentional sexual penetration of a person known to be intellectually disabled, by a person in a position of trust, is properly characterised as predatory, opportunistic, and an act of commission, even where the mental element is particularised as not giving thought to whether the victim was consenting. A sentence of seven years' imprisonment (non-parole period of five years) for a single count of rape in such circumstances, where the offending resulted in pregnancy and there was a late guilty plea and no remorse, is within the permissible range.
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