OF13 Sexual Offences

Question 1

What are the elements of Indecent Exposure? S27 SOA

Answer 1

• In a public place
• Within view of a public place
• Intentionally and obscenely
• Exposes any part of his or her genitals

Question 2

What is the penalty for Indecent Exposure? S27 SOA

Answer 2

3months/$2000

Question 3

What does ‘intentionally’ mean? Indecent Exposure

Answer 3

A deliberate or voluntary act, not accidental

Question 4

What does ‘obscenely’ mean? Indecent Exposure

Answer 4

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

Question 5

What does ‘exposes and part…’ mean? Indecent Exposure

Answer 5

The penis and testes of a male

The vulva and vagina of a female

Question 6

What is the defence for Indecent Exposure?

Answer 6

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

Question 7

What is the definition of ‘Indecent Act’?

Answer 7

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

Question 8

What is an ‘active’ and ‘passive’ indecent act?

Answer 8

Active - does an indecent act on it with the other person.

Passive - induces or permits the other person to do an indecent act with or on him or her.

Question 9

What are the elements of Indecent Act in Public Place? S125 CA

Answer 9

• 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

Question 10

What is the penalty for Indecent Act in Public Place? S125 CA

Answer 10

2 years

Question 11

What is the defence for Indecent Act in Public Place?

Answer 11

Proves reasonable grounds for believing they would not be observed.

Question 12

What are the elements for Indecent Act with Intent to Insult or Offend? S126CA

Answer 12

• With intent to insult or offend any person
• Does any indecent act
• In any place

Question 13

What is the penalty for Indecent Act with Intent to Insult or Offend? S126CA

Answer 13

2 years

Question 14

What are the elements of Indecent Assault? S135CA

Answer 14

• Indecently
• Assaults
• Another person

Question 15

What is the penalty for Indecent Assault? S135CA

Answer 15

7 years

Question 16

What is Rape? Sexual Violation

Answer 16

S128(1)(a) CA
- A person who rapes another person
Definition • penetration of a persons genitalia by the other persons penis without that person consent to the penetration.
• without believing on reasonable grounds the other person consented to the penetration.

Question 17

What is Unlawful Sexual Connection? Sexual Violation

Answer 17

S128(1)(b) CA
- introduction into the genitalia or the anus of one person, of
- any part of the body of the person or object being used by them.
OR
- connection between the mouth or tongue of one person and a part of another persons genitalia or anus.

Question 18

What is the definition of consent?

Answer 18

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

Question 19

What is an Intimate Visual Recording? Sex Offences

Answer 19

S216 CA

• visual recording (any medium)
• without knowledge or consent
• made in a place where privacy is expected
• of private body parts or private activities
• or of underwear or naked parts under clothing

Penalty - 3 years

Question 20

What does CALMTEA mean?

Answer 20

When dealing with victims of sexual offences

1. Conduct your dealings in a sensitive and concerned manner.
2. Accept they are telling the truth until there is evidence to prove the contrary.
3. Listen to what they tell you, giving them an opportunity to tell their account in their own words, even to just vent their feelings.
4. Medical attention, establish whether they require this.
5. Treat them courteously.
6. Explain the process you are following and why you need to follow that process.
7. Advise of local counselling services where required.

Question 21

What does ‘with intent to insult or offend any person’ mean? Indecent Act with Intent to Insult or Offend S126 CA1961

Answer 21

Done deliberately, on purpose aiming to cause offence and outrage to ANY person