OF13 Sex Offences Flashcards
What is the sex offence in the Summary of Offences Act 1981?
Indecent Exposure, Section 27
What are the elements of indecent exposure?
In
OR
Within view of
A public place
Intentionally
OR
Obscenely
Exposes any part of his or her genitals
What is a defence for indecent exposure?
The defendant proves they they had reasonable grounds to believe they they would not be observed.
What are the three “indecent” offences from the Crimes Act 1961?
Indecent Assault
Indecent Act in a Public Place
Indecent Act with intent to insult or offend
What are the elements of Indecent Act in a Public Place?
Wilfully Does
Any indecent Act
In any place to which the public have or are permitted to have access
OR
Within view of such place
What are the elements of Indecent Act with intent to Insult or offend?
With intent to insult or offend any person
Does any indecent act
In any place
What is the definition of indecent?
Not conforming with generally accepted standards of behaviour, especially in relation to sex matters.
What are the elements of indecent assault?
Indecently
Assaults
Another person
What is a defence to indecent act in a public place?
The defendant proves they they had reasonable grounds to believe they they would not be observed.
What are the two offences in regards to sexual violation?
Violation by rape
Violation by unlawful sexual connection
What are the elements of sexual violation by rape?
A person who rapes another person
How is A person who rapes another person proven?
Person A rapes person B when:
Person A uses their penis to penetrate the vagina of person B
Without person B consenting and
Without believing on reasonable grounds person B consented to the connection
What are the elements of sexual violation by unlawful sexual connection?
Person A has unlawful sexual connection with person B when:
Person A has sexual connection with person B
Without person B consenting to the connection and
Without believing on reasonable grounds person B consented to the connection
What does sexual connection mean?
Person A penetrates the genitalia or anus of person B using any part of their body or object used by them
OR
Connection between the mouth or tongue of person A and the anus or genitalia of person B
What is the definition of consent?
Consent is a persons conscious and voluntary agreement to something desired or proposed by another
What is an intimate visual recording?
A visual recording that is made in any medium using any device without the knowledge or consent of the person who is the subject of the recording, and the recording is:
A person who is in a place which, in the circumstances, would be reasonably be expected to provide privacy
A persons naked or undergarment-clad genitals, pubic area, buttocks or female breasts
And includes an intimate visual recording that is made and transmitted in real time without retention or storage in a physical form or electronic form from which the recording is capable of being reproduced with without the aid of any device or thing
What are the seven guidelines when dealing with a victim of sexual offence?
CALMTEA
Conduct your dealings in a sensitive and concerned matter.
Accept they are telling the truth until there is evidence to prove the contrary.
Listen to what they tell you, giving them an opportunity to tell their account in their words, even just to vent feelings.
Establish if they require medical attention.
Treat them courteously.
explain the process you are following and why you need to follow that process.
Advise of local counselling services where relevant.
