OF13 - Sexual Offences

Question 1

Elements and penalty of INDECENT EXPOSURE, Summary Offences Act 1981, Section 27.

Answer 1

Penalty: 3 months imprisonment/$2000 fine
Elements:
1.In OR within view of a public place

2.Intentionally
and
Obscenely

3.Exposes any part of his or her genitals

Question 2

A defence for this offence would be..

Answer 2

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

Question 3

Elements and penalty of Indecent Act in Public Place, Crimes Act 1961, Section 125.

Answer 3

Penalty: 2 years imprisonment
Elements:
1. Wilfully Does

2. Any indecent act
3. In any place to which the public have or are permitted to have access, OR within view of any such place.

Question 4

A defence for this offence would be..

Answer 4

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

Question 5

Elements and penalty of Indecent Act with Intent to Insult or Offend, Crimes Act 1961, Section 126

Answer 5

Penalty: 2 years imprisonment

Ingredients:

1. With intent to insult or offend any person
2. Does any indecent act
3. In any place

Question 6

Elements and penalty of Indecent Assault, Crimes Act 1961, Section 135

Answer 6

Penalty: 7 years imprisonment

Ingredients:

1. Indecently
2. Assaults
3. Another person

Question 7

Definition of INTENTIONALLY

Answer 7

“Deliberate or voluntarily and not accidental”

Question 8

Definition of INDECENT ACT

Answer 8

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

Question 9

Definition of OBSCENELY

Answer 9

“Offends contemporary standards of propriety, to the extent that a reasonable observer would regard it with “loathing, disgust and revulsion”

Question 10

Definition of GENITALS

Answer 10

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.