By Mitchell Clarke
A psychologist with the Department of Human Services in Pakenham who used his authority to prey on and sexually assault two underage girls as they attempted to apply for the disability support pension has been jailed for six months.
Hong Lay, 41 was sentenced in the County Court on 7 October after pleading guilty to two charges of sexual assault which took place on the same day in April 2017.
The victims, who can’t be named, were 16 and 17 years old at the time of the offences.
The court heard one of the girls has Asperger’s Syndrome and suffered from dyslexia, psychosis, anxiety and depression. The other girl has a borderline personality disorder and suffered from major depressive disorder and anxiety.
“I hope you will reflect on the severe harm your criminal acts have caused the two girls and their parents,“ Judge Michael Cahill said.
Both victims were sexually assaulted by Lay, a man they trusted, as they applied for the pension at the Pakenham Centrelink office.
Lay interviewed both girls with their mothers in an office fitted with CCTV cameras but requested he interviewed them individually in a “staff only” room which wasn’t monitored by CCTV.
It’s there he asked one of his victims if she had a boyfriend and asked if she was a virgin while he asked his other victim if she was sexually active.
After, he conducted a “physical examination” and performed lewd acts on both of the girls.
“It was not your role to conduct any physical examination of clients,” Judge Cahill said.
Lay was arrested a month later after one of the girls told their mothers who alerted police. The other girl stayed quiet because “she felt scared she might get into trouble if she said anything”.
Victim impact statements revealed one victim and her mother required therapy while the other victim described feeling “angry and betrayed”. As a result of Lay’s actions, she stopped attending special school because she felt “uncomfortable around men” and scared in general.
In sentencing, Judge Cahill concluded a term of imprisonment was the only option available.
“You engaged in very inappropriate sexual behaviour with adolescent females where you were in a clear position of power and authority,” Cahill said.
“You were able to act out in a sexually dysfunctional manner with vulnerable girls who posed less threat to your fragile self-esteem.
“Sexual offending against children is very serious. You have caused them severe harm.”
The court heard significant personal stress, poor self-esteem and significant intimacy deficits likely contributed to his offending.
Lay, who fled Vietnam as an infant and was held in a detention centre as a refugee, had surrendered his psychologist registration and recognised his professional career was over.
The maximum penalty for the crime carries 10 years in prison but taking into account a number of factors including good prospects of rehabilitation, Lay was sentenced to six months.
Without a guilty plea, he would’ve faced an 18 month sentence with a non-parole period of 12 months.
Lay was placed on the sex offender registry for 15 years and will serve a two-year community corrections order once released from prison.
