OF13 Sex Offences

Question 1

What are the elements of ‘Indecent exposure’?

Answer 1

Question 2

What are the elements of ‘Indecent act in a public place’?

Answer 2

Question 3

What are the elements of ‘Indecent act with intent to insult or offend’?

Answer 3

Question 4

What are the elements of ‘Indecent assault’?

Answer 4

Question 5

Where can we find the definition of assault?

Answer 5

Section 2, Crimes Act 1961

Question 6

What are the elements of ‘Sexual violation’?

Answer 6

Question 7

What is the definition of “consent” in relation to sexual offences?

Answer 7

Consent is a person’s conscious and voluntary agreement to something desired or proposed by another.

Question 8

What are some examples of when consent is NOT given?

Answer 8

• When no protest or physical resistance is given
• Allow the activity because of force applied to them (or threat of force)
• Asleep or unconscious
• Affected by a mental, intellectual or physical condition to such a degree that they cannot consent or refuse to consent
• Mistaken identity of the other person
• Mistaken about the nature and quality of the sexual interaction

Question 9

What are the definitions of ‘Intentionally and obscenely’?

Answer 9

Intentionally - Deliberate or voluntary and NOT accidental

Obscenely - Offends contemporary standards of proprietary so that a reasonable observer would feel digust, revulsion or loathing

Question 10

Are “Wilfully does” and “Intentionally (and obscenely)” different definitions for the offences of ‘Indecent act in a public place’ and ‘Indecent exposure’?

Answer 10

No, both are;

Deliberate or voluntarily and NOT accidental

Question 11

Difference between ‘Indecent exposure’ and ‘Indecent act in public place’?

Answer 11

Indecent exposure is solely showing ones genitals

Indecent act in public place is the act of doing something (such as masturbating)

Question 12

What are the two examples of “sexual connection” in regards to ‘Sexual violation’?

Answer 12

1. Penetrates the genitalia or anus of another person using any part of their body or any object used by them
2. Connection between mouth or tongue onto the genitalia or anus of another person

Question 13

Quickly outline the offence of ‘Intimate visual recording’

Answer 13

Intentionally and recklessly makes an intimate visual recording of another person.

An intimate visual recording is a photo, video etc. of someone’s naked body where they can reasonably expect to have privacy without their consent.

Question 14

Taking into consideration Section 2(1B), Crimes Act 1961, An indecent act involves…

Answer 14

Doing, inducing or permitting an indecent act with or on another person

Question 15

What is a general dictionary definition of indecent?

Answer 15

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

Question 16

Can ‘Indecent act with intent to insult or offend’ be done in your private residence (i.e. not in public)?

Answer 16

Yes, the element is in any place including both public and private places.

Question 17

Is there a defence for ‘Indecent act with intent to insult or offend’?

Answer 17

No, as to prove this offence you must prove an intent therefore it is not a defence for the defendant to prove that they had reasonable grounds to believe that they would not be observed.

Question 18

What two sex offences is there a defence for and what is the defence?

Answer 18

Indecent exposure AND Indecent act in public place

Defence: The defendant proves that they had reasonable grounds for believing that they would not be observed.

Question 19

What must accompany an element of “indecently assaults” under ‘Indecent assault’?

Answer 19

Circumstances of indecency