Lawyer George Defteros who defended a sex offender’s right to IVF treatment has won a landmark legal battle this week. The sex offender was denied access to IVF after he was convicted of having sexual relations with a minor in his care in 2008 even though he and his partner had begun treatment before he was imprisoned and planned to continue after.
Justice Ian Ross, who presided over the case, ruled that the man – who can not be named for legal reasons – had been punished enough. “It is important to appreciate that the purpose of this review is not to further punish (the man) for his offending; a just punishment has already been imposed by the County Court,” said Justice Ross in his ruling.
The ruling found that the man understood his behaviour was wrong and knew how to avoid it in the future, had a low risk of reoffending and would be able to discern the boundaries between parent and child. Before he is able to recommence IVF treatments with his partner, he must complete 12 counselling sessions with a health professional.
Defteros took on this case as he believed it was a breach of basic human rights.