OF13 Sexual Offences Flashcards
What are the elements of Indecent Exposure? S27 SOA
- In a public place
- Within view of a public place
- Intentionally and obscenely
- Exposes any part of his or her genitals
What is the penalty for Indecent Exposure? S27 SOA
3months/$2000
What does ‘intentionally’ mean? Indecent Exposure
A deliberate or voluntary act, not accidental
What does ‘obscenely’ mean? Indecent Exposure
Offends contemporary standards of proprietary, to the extent that a reasonable observer would regard it with “loathing, disgust or revulsion.”
What does ‘exposes and part…’ mean? Indecent Exposure
The penis and testes of a male
The vulva and vagina of a female
What is the defence for Indecent Exposure?
If the defendant proves they had reasonable grounds for believing that they would not be observed.
What is the definition of ‘Indecent Act’?
Not conforming with generally accepted standards of behaviour, especially in relation to sexual matters.
What is an ‘active’ and ‘passive’ indecent act?
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.
What are the elements of Indecent Act in Public Place? S125 CA
- 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
What is the penalty for Indecent Act in Public Place? S125 CA
2 years
What is the defence for Indecent Act in Public Place?
Proves reasonable grounds for believing they would not be observed.
What are the elements for Indecent Act with Intent to Insult or Offend? S126CA
- With intent to insult or offend any person
- Does any indecent act
- In any place
What is the penalty for Indecent Act with Intent to Insult or Offend? S126CA
2 years
What are the elements of Indecent Assault? S135CA
- Indecently
- Assaults
- Another person
What is the penalty for Indecent Assault? S135CA
7 years
What is Rape? Sexual Violation
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.
What is Unlawful Sexual Connection? Sexual Violation
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.
What is the definition of consent?
Consent is a persons conscious and voluntary agreement to something desired or proposed by another.
What is an Intimate Visual Recording? Sex Offences
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
What does CALMTEA mean?
When dealing with victims of sexual offences
- Conduct your dealings in a sensitive and concerned manner.
- 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 own words, even to just vent their feelings.
- Medical attention, establish whether they require this.
- Treat them courteously.
- Explain the process you are following and why you need to follow that process.
- Advise of local counselling services where required.
What does ‘with intent to insult or offend any person’ mean? Indecent Act with Intent to Insult or Offend S126 CA1961
Done deliberately, on purpose aiming to cause offence and outrage to ANY person
