OF13 Sex Offences Flashcards
what is sec 27 Summary offences Act 1981?
Indecent Exposure sec 27 SOA 1981
fine: 3 months or $2000 fine
In any public place
OR
within view of any public place
Intentionally and obscenely
Exposes any part of his or her genitals
What is sec 125 Crimes Act 1961?
Indecent Act in a Public Place
penalty: 2 years
Wilfully does an indecent act
In any place
To which the public have or are permitted to have access
OR
Within view of such a place
(eg in a public place or within view of a public place)
What is sec 126 Crimes Act 1961?
Indecent Act with Intent to Insult or Offend
penalty: 2 years
With intent to insult or offend any person
does an indecent act
In any place
- has to be some kind of sexual connotation to these offences
What is sec 135 Crimes Act 1961?
Indecent Assault
penalty: 7 years
Indecently assaults
Another person
Define ‘Indecently Assaults”
The act of assault must be accompanied by circumstances of indecency
Assault is the act of intentionally applying or attempting to apply to another person directly or indirectly or by any threatening act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that the have the present ability to effect their purpose
Define ‘obscenely’
offends contemporary standards of propriety, to the extent that a reasonable observer would regard it with ‘loathing, disgust, revulsion’.
Define ‘indecent’
not conforming with generally accepted standards of behaviour, especially in relation to sexual matters.
Must be considered in relation to time/place/circumstances
What is sec 216G and 216H of the Crimes Act 1961?
Is part 9A of the Crimes Act
216G - is the defintiion of an intimate visual recording
- is made without the knowledge or consent of
person in recording
216H - Prohibition of making an intimate visual recording
- offence for everyone who intentionally or recklessly makes an intimate visual recording of another person
What is sec 128 of the Crimes Act 1961?
128 Sexual violation defined
(1) Sexual violation is the act of a person who—
(a) rapes another person; or
(b) has unlawful sexual connection with another person.
What is sec 128(1)(a) and (1)(b) Crimes Act 1961?
Sec 128 (1)(a) Sexual Violation by Rape
Sec 128 (1)(b) Sexual Violation by Unlawful Sexual Connection
What is sec 128A of the Crimes Act 1961?
Allowing sexual activity does not amount to consent in some circumstances:
a person does not consent to sexual activity:
(1) just because they did not protest or offer physical resistance
(2) if the person allows the activity:
(a) because of force applied to them or some other person
(b) or the threat of force used against them or some other person
(c) or the fear of force used against them or some other person
(3) cannot consent if asleep or unconscious
(4) if so affected by alcohol or other drug that they cannot consent or refuse to consent
(5) if affected by intellectual, mental, physical disability
(6) if person mistaken about identity
(7) if they allow the act because they were mistaken about its nature and quality
What is the definition of consent
Consent is a persons conscious and voluntary agreement to something desired or proposed by another