Acts of a Sexual Nature in Public Places Flashcards
Acts of a Sexual Nature in Public Places/ Exposure/ Flashing is covered by what legislation?
s 66(1) of the Sexual Offences Act 2003
A person commits an offence of Exposure/ Flashing if they do what?
He/she exposes his/her genitals and intends that someone will see this and be caused alarm or distress.
It is not necessary for a person to actually have seen this or to have been distressed as a result; the offence is still committed.
It can be committed in a private or a public place.
Exposure/ Flashing
What are the important points to prove?
The double intention specified in the offence…
- Intent that someone will see.
- Intention to cause alarm or distress.
Will a ‘streaker’ planning ‘merely’ to cause amusement by intending others to see his exposed genitals by committing an offence of exposure/ flashing?
No, because he had no intent to cause alarm or distress.
A person commits an offence of Exposure/ Flashing may suffer what penalty?
Offence is triable either way and the penalty is imprisonment (summarily, 6 months and 2 years on indictment).
Outraging public decency is covered by common law which states that it is offence to…
Commit an act of a lewd, obscene and disgusting nature and outrage public decency.
….in order to outrage, exposure must go beyond accepted limits of decency and be likely to offend (e.g masturbation). It does not need to be a sexual act or ‘live’- may just be display of an object associated with sexual activity.
Public must have access to, or be able to see, the relevant location
Outraging public decency penalty
Offence is triable either way and the penalty is imprisonment (summarily 6 months and unlimited on indictment).
Sexual activity in a public lavatory is an offence under what legislation?
s 71 of the Sexual Offences Act 2003.
There is no need for witnesses, and if there are, they don’t need to be outraged/ distressed.
Activity needs to be such that a reasonable person would regard it as sexual in nature.
Offence is triable summarily and the penalty is 6 months imprisonment and/ or a fine.
Voyeurism is an offence under what legislation?
s 67(1) of the Sexual Offences Act 2003.
What is voyeurism?
A suspect (peeping tom) secretly observes another person undressing or having sexual intercourse for the purposes of the suspect’s own sexual gratification.
67(1) of the Sexual Offences Act 2003 states…
a) A person commits voyeurism if for the purpose of gaining sexual gratification he/ she observes another person doing a private act
b) …he\she knows that the other person does not consent to being observed for [the purposes of] sexual gratification.
Section 68(1) of the Sexual Offences Act 2003 explains that, for the purposes of s 67, a person does a private act if….
He/she is in a place which would reasonably be expected to provide privacy, such as in a home or hotel (not on a beach/ open plan changing room) and at least one of the following conditions is met:
- His/her genitals or buttocks, or her breasts are exposed or covered only with underwear.
- He/she is using a lavatory; or
- He/she is participating in ‘a sexual act that is not of a kind ordinary done in public’ such as sexual intercourse, masturbation or oral sex.
What are aggravating factors for voyeurism?
Threatening victims to dissuade him/her from reporting the offence.
Voyeurism using live link equipment is covered under what legislation?
s 67(2) of the Sexual Offences Act 2003.
How does someone commit an offence of voyeurism using live link equipment?
s 67(2) of the Sexual Offences Act 2003.
Person A commits an offence if he/she operates an equipment with the intention of enabling another person B to observe, for sexual gratifications, a third person C doing a private act.
Person A must know that C has not consented to this.
