OF13 Sex Offences

Question 1

What is the sex offence in the Summary of Offences Act 1981?

Answer 1

Indecent Exposure, Section 27

Question 2

What are the elements of indecent exposure?

Answer 2

In
OR
Within view of

A public place

Intentionally
OR
Obscenely

Exposes any part of his or her genitals

Question 3

What is a defence for indecent exposure?

Answer 3

The defendant proves they they had reasonable grounds to believe they they would not be observed.

Question 4

What are the three “indecent” offences from the Crimes Act 1961?

Answer 4

Indecent Assault

Indecent Act in a Public Place

Indecent Act with intent to insult or offend

Question 5

What are the elements of Indecent Act in a Public Place?

Answer 5

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

Question 6

What are the elements of Indecent Act with intent to Insult or offend?

Answer 6

With intent to insult or offend any person

Does any indecent act

In any place

Question 7

What is the definition of indecent?

Answer 7

Not conforming with generally accepted standards of behaviour, especially in relation to sex matters.

Question 8

What are the elements of indecent assault?

Answer 8

Indecently

Assaults

Another person

Question 9

What is a defence to indecent act in a public place?

Answer 9

The defendant proves they they had reasonable grounds to believe they they would not be observed.

Question 10

What are the two offences in regards to sexual violation?

Answer 10

Violation by rape

Violation by unlawful sexual connection

Question 11

What are the elements of sexual violation by rape?

Answer 11

A person who rapes another person

Question 12

How is A person who rapes another person proven?

Answer 12

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

Question 13

What are the elements of sexual violation by unlawful sexual connection?

Answer 13

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

Question 14

What does sexual connection mean?

Answer 14

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

Question 15

What is the definition of consent?

Answer 15

Consent is a persons conscious and voluntary agreement to something desired or proposed by another

Question 16

What is an intimate visual recording?

Answer 16

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

Question 17

What are the seven guidelines when dealing with a victim of sexual offence?

Answer 17

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.