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355 > OF13 Sex Offences > Flashcards

OF13 Sex Offences Flashcards

1
Q

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

A

Indecent Exposure, Section 27

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2
Q

What are the 4 elements of indecent exposure?

A

In
OR
Within view of

A public place

Intentionally
and
Obscenely

Exposes any part of his or her genitals

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3
Q

What is a defence for indecent exposure?

A

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

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4
Q

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

A

Indecent Assault

Indecent Act in a Public Place

Indecent Act with intent to insult or offend

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5
Q

What are the 3 elements of Indecent Act in a Public Place?

A

Wilfully Does

Any indecent Act

In any place to which the public have or are permitted to have access
OR
Within view of any such place

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6
Q

What are the 3 elements of Indecent Act with intent to Insult or offend?

“indecent act”

A

With intent to insult or offend any person

Does any indecent act

In any place

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7
Q

What is the definition of indecent?

A

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

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8
Q

What are the 3 elements of indecent assault?

A

Indecently

Assaults

Another person

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9
Q

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

A

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

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10
Q

What are the two offences in regards to sexual violation?

A

Violation by rape

Violation by unlawful sexual connection

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11
Q

What are the elements of sexual violation by rape?

A

A person who rapes another person

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12
Q

How is A person who rapes another person proven?

A

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

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13
Q

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

A

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

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14
Q

What does sexual connection mean?

A

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

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15
Q

What is the definition of consent?

A

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

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16
Q

What is an intimate visual recording?

A

In English: a video that’s taken without knowledge or consent of someone in a place they’d expect privacy, which shows their genitals (naked or through undies) pubic area, butt, or breasts.

Also includes live streams

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

17
Q

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

A

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.

18
Q

<p>What are the 3 elements of Indecent Exposure?</p>

A

<p>1 In OR within view of a public place</p>

<p>2 Intentionally and Obscenely</p>

<p>3 Exposes any part of his or her genitals</p>

19
Q

<p>Define ‘In OR within view of a public place’ (Indecent exposure)</p>

A

<p>In a public place and also covers any act done in a private place which can be seen by a person in a public place<br></br><br></br></p>

<p></p>

<p></p>

<p></p>

<p></p>

<p></p>

<p>Side note: (not sure if need to include full definition)<br></br><span>A place <strong>at any material time</strong> (any given time) is;</span><br></br><br></br><span>Open to or being used by the public</span><br></br><br></br><span>Whether free or on payment of a charge</span><br></br><br></br><span>And whether any owner/occupier of the place is lawfully entitled to exclude or eject that person from that place</span><br></br><br></br><span>includes any ship, vehicle, train, aircraft that is carrying or available to carry passengers for reward</span><br></br><br></br><span>and includes the interior of any vehicle which is in a public place</span></p>

20
Q

<p>Define intentionally (Indecent exposure)</p>

A

<p>The act of exposure… … will require it to be deliberate or voluntarily and not accidental.</p>

21
Q

<p>Define Obscenely (indecent exposure)</p>

A

<p>…offends contemporary standards of propriety, to the extent that a reasonable observer would regard it with “loathing, disgust and revulsion”. Consideration must be given to time, place and circumstances.</p>

22
Q

<p>Define ‘exposes any part of his or her genitals’</p>

A

<p>the penis and testes of a male, and the vulva and vagina of a female. Some part of such an organ must be “exposed” or made visible.</p>

23
Q

<p>What are the three elements of Indecent Act in Public Place</p>

<p>“indecent act (male offender)”</p>

A

<p>1 Wilfully Does</p>

<p>2 Any Indecent Act</p>

<p>3 In any place to which the public have or are permitted to have access<br></br>OR within view of any such place.<br></br></p>

24
Q

<p>Define wilfully does (indecent act in public place)</p>

A

<p>deliberate or voluntary and not accidental</p>

25
Q

<p>Define Any indecent act (indecent act in public place)</p>

A

<p>Indecent means “not confirming with generally accepted standards of behavior, especially in relation to sexual matters”</p>

26
Q

<p>What are the three elements of Indecent Assault?</p>

A

<p>1 Indecently</p>

<p>2 Assaults</p>

<p>3 Another person</p>

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