Indian origin male nurse sentenced in Australia for sex with patient

An Indian-origin nurse, Kennedy Swamy, has been jailed for a maximum of three years for having sex with a patient with bipolar disorder at a Melbourne hospital last month. Swamy, who migrated to Australia from India in 2006, had pleaded guilty at the Victorian County Court to two charges of sexually penetrating a person with a cognitive impairment. He must serve a minimum of 15 months' jail before being eligible for parole.

Swamy was employed as a division two nurse at the health service at a Melbourne youth mental health service last year where he met an 18-year-old woman admitted with bipolar disorder. According to reports, the 29-year-old had sex with the patient in the bathroom on March 7 and again after two days. Judge Wendy Wilmoth at the Victorian County Court said the victim disclosed the sexual activity while participating in a therapy session the following day, saying at first she thought it was okay, but then realised it was wrong.

Judge Wilmoth said that due to her illness the victim's decision-making ability would have been severely impaired, and Swamy should have been aware from his training that sexual indiscretions were a breach of his duties.  "You breached the trust placed in you as a carer of a vulnerable person who was in a fragile state," News.com.au quoted Judge Wilmoth, as saying.

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No Adverse Impact on Society by Legalising Gay Sex - Gay rights activists say

Gay rights activists today argued before the Supreme Court that decriminalising gay sex has not made any negative impact on society as apprehended by people opposing homosexuality.

"Almost nine months have passed since the judgement was announced and no harm has been caused to Indian society or culture or traditions," Naz Foundation, an NGO on whose petition the Delhi High Court had legalised gay sex, said in its reply.

The NGO opposed the contention that legalisation of gay sex would result in spreading of AIDS in the society and submitted that there is no scientific basis for it.

The NGO filed its response against various petitions filed by anti-gay rights activists and religious organisations seeking quashing of July 2 landmark verdict of the High Court legalising gay sex between consenting adults in private, which was earlier a criminal offence punishable with up to life imprisonment.

"Homosexuality is not a concept alien to Indian culture. In fact, it has been an inherent part of the Indian culture and civilisation," the NGO claimed, adding "criminalisation of sexuality, on the other hand, including homosexuality, is alien to Indian culture."

The apex court had earlier issued a notice to the Centre on a petition filed by a Christian body, a disciple of Yoga guru Ramdev and a astrologer Suresh Kumar Kaushal seeking a stay on the High Court verdict legalising gay sex on the ground it will have a catastrophic effect on the society's moral fabric.

All the petitioners have sought setting aside of the July two High Court verdict legalising gay sex between consenting adults in private.

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