OF13 - SEX OFFENCES Flashcards
ELEMENTS OF INDECENT EXPOSURE
SOA 1981 SECTION 27
- IN OR WITHIN VIEW OF A PUBLIC PLACE
- INTENTIONALLY AND OBSCENELY
deliberate/voluntarily and not on accident/reasonable observer would regard it with “loathing, disgust and revulsion”. Consideration must be given to time, place and circumstances. - EXPOSES ANY PART OF HIS OR HER GENITALS
penis/testes of a male. vulva/vagina of female. Some part of the organ must be exposed or made visible
ELEMENTS FOR INDECENT ACT IN PUBLIC PLACE
CRIMES ACT 1961 SECTION 125
- WILLFULLY DOES
deliberate/voluntarily and not on accident - ANY INDECENT ACT
not conforming with generally accepted standards of behaviour, especially in relation to sexual matters - IN ANY PLACE TO WHICH THE PUBLIC HAVE OR ARE PERMITTED TO HAVE ACCESS OR WITHIN VIEW OF ANY SUCH PLACE
ELEMENTS FOR INDECENT ACT WITH INTENT TO INSULT OR OFFEND
CRIMES ACT 1961 SECTION 126
- WITH INTENT TO INSULT OR OFFEND ANY PERSON
done deliberately, on purpose aiming to cause offence
and outrage to ANY person - DOES ANY INDECENT ACT
- IN ANY PLACE
includes private and public
ELEMENTS FOR INDECENT ASSAULT
CRIMES ACT 1961 SECTION 135
- INDECENTLY
- ASSAULTS
intentionally applying/attempt force , directly/indirectly, or by threats/gestures - ANOTHER PERSON
DEFENCE:
INDECENT EXPOSURE & INDECENT ACT IN PUBLIC PLACE
The defendant proves that they had reasonable grounds for believing that they would not be observed.
CONSENT
“Consent is a person’s conscious and voluntary agreement to something desired or proposed by another.”
INTIMATE VISUAL RECORDINGS
SECTION 216H CA 1961
It is an offence for everyone who intentionally or recklessly makes an intimate visual recording of another person.
PENALTY: 3 years imprisonment
SEXUAL VIOLATION
SECTION 128 CRIMES ACT 128
(1)(a) BY VIOLATION OF RAPE
a person who rapes another person
penis penetrates vagina
(1)(b) BY UNLAWFUL CONNECTION
any person having unlawful sexual connection with another person
object/body part penetrates genitalia, anus
