Relief carer Arjun Kandel found guilty of rape, sexual assault of intellectually disabled woman in his care
A man raped and indecently assaulted an intellectually disabled woman while working as a Human Services carer in Adelaide’s north, a judge has found.
Police & Courts
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A relief disability worker has been found guilty of raping and indecently assaulting a woman with intellectual disabilities in his care, but will remain on bail for another month.
Arjun Kandel, 45, appeared in the District Court on Tuesday where Judge Liesl Kudelka found him guilty of one count of rape and one count of aggravated indecent assault against the then-35-year-old woman.
He was found not guilty of another count of aggravated indecent assault against another woman living at the residential care facility.
Judge Kudelka said she was “satisfied beyond reasonable doubt” the victim did not consent to the sexual intercourse.
“He knew she was a resident of the facility. As her responsible carer that day, he must have been aware of the level of care she required and the reason for that level of care, namely, that she had very limited intellectual capacity,” she said.
Judge Kudelka said she also found Kandel, employed at the time by the SA Department of Human Services, knew the victim was not consenting to the aggravated indecent assault and knew she was in a “position of particular vulnerability because of cognitive impairment”.
Judge Kudelka said the victim told other carers after the incident Kandel had “showed her his willy”.
“(The carer) asked ‘did he put it inside you’, she said ‘yes’,” she said.
Judge Kudelka said another carer asked Kandel why he was washing the victim’s sheets.
“He said, ‘oh yes, we have to change her sheets because I think she had been rubbing herself too much’,” she said.
“The accused put his hand down and rubbed back and forward on his groin area.
“He did not say … that he saw her rubbing herself.”
Judge Kudelka said the victim also opened up to her mother when she was visibly upset.
“She said, ‘me bleeding’, ‘Arjun come in my room. Arjun show me his willy, Arjun put willy down there’,” she said.
Prosecutors have previously alleged he was relieving on a day shift at a northern suburbs home where the two alleged victims – who required 24-hour supervision – lived on the day of the alleged sexual assaults in August 2020.
Andrew Culshaw, for Kandel, asked his client be shown “some mercy” and be released on bail for a short period to “get his affairs in order” before his imminent imprisonment.
“I accept Mr Kandel will serve a certain sentence, but I ask for some mercy to give him time to arrange his affairs,” he said.
“He is currently living in shared rental accommodation and needs to pack up, needs to organise power of attorney … and (he) has limited support in the community.”
Prosecutor Lisa Dunlop said she has “some sympathy” for Kandel’s position and asked he be given a week to get his affairs in order before the matter is called on again for him to surrender himself.
“I acknowledge my friend’s submission of his compliance to bail to date,” she said.
Judge Kudelka granted the application, releasing Kandel on bail for four weeks and ordered he surrender his passport.
A supporter of one of the victims told media outside court she was relieved by the guilty verdict.
“It’s a bit of justice,” she said.
When asked how she felt about the man being released on bail, she responded: “life is like a box of chocolates”.
A Department of Human Services spokeswoman said the department “welcomes” the outcome.
“DHS upholds a zero-tolerance approach to abuse and neglect and the safety and wellbeing of the people we support remains our number one priority,” she said.
“DHS reported this matter to SA Police in 2020 and immediately removed him from the workplace.
“Throughout the judicial process we have kept staff and families updated about this matter.”
Opening the trial in April, 2022, prosecutor Lisa Dunlop said the regular overnight carer noticed something was amiss when she arrived to start her shift and the washing machine was in use.
The court had heard the woman – who is illiterate and has intellectual disabilities – was later able to describe being sexually assaulted.
Ms Dunlop said another woman at the home had also reported Mr Kandel attempting to get her to touch him sexually, and he had asked her a number of “entirely inappropriate” questions.
Kandel will next appear in the District Court next month where he’ll surrender himself, before returning again in July for sentencing submissions.
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