Offences And Definitions Flashcards
Define genitals
Organs of regeneration e.g penis, ball sacks, vagina
Does not include public hair or breasts
Indecent exposure
In any public place
OR
Within view of a public place
Intentionally and obscenely
Exposes any part of his or her genitals
What is a defence to indecent exposure?
The defendant proves that they have reasonable grounds for believing that they would not be observed
Define indecent act
An act which is offensive to modesty or good taste and / or lacking decency
Eg. A male masturbating in a park, in full view of the public
A couple having sex in their car where they are clearly observed by the public
Indecent act in public place
Wilfully does any indecent act
In any place
To which the public have access
OR
Within view of any such place
Indecent act with intent to insult or offend
With intent to insult or offend any person
Does any indecent act
In any place
Explain with intent to insult or offend
Done deliberately, on purpose aiming to cause offence and outrage
Indecent assault
Indecently Assaults (Assault definition accompanied by indecency)
Another person
E.g - A male walks up to a woman he doesn’t know and grabs her breast
Crimes Act 1961 - section 128A
Outlines legal sexual consent
A person does not consent to sexual activity because:
• He/she does not protest or offer physical resistance
• cannot consent when asleep or unconscious
• cannot consent if so affected by alcohol or drugs that thy cannot consent or refuse to consent
• cannot consent if affected by intellectual, mental, or physical condition or impairment or such degree that thy cannot consent or refuse
•
Sexual Violation by Rape
A person who rapes another person
Penetration from A’s penis into B’s genitalia without consent from B and without believing on reasonable grounds B consented to it
Sexual Violation by Unlawful Sexual Connection
Any person having unlawful sexual connection with another person
A having sexual connection with B , without B’s consent, Without believing on reasonable grounds that B consented to the connection.
Define sexual connection
Connection effected by the introduction into the genitalia or the anus by:
• Any part of the body of another person
• an object held or manipulated by the other person
• connection between the mouth or tongue of one person and a part of another’s genitalia or anus or
• continuation of connection of a kind described above
What is the guideline for dealing with victims of Sexual Offences?
C - conduct your dealings in a sensitive manner
A - accept they are telling the truth
L - listen to what they tell you, give them opportunity to tell account in their own words
M - establish if they need medical attention
T - treat them courteously
E - explain the process you are following and why
A - advise of local counselling services where relevant
Initial action at scene of serious assualt…
Freeze, control, preserve
Instruct scene to be cleared and left untouched
Instruct victim NOT to: Wash Change clothes Use unnecessary medical aids Change appearance Go to toilet - if have to preserve forensic evidence on toilet paper
Record anything victim can recall about the offender
Ensure victim does not return to scene or is transported in same car in which the suspect was transported.
Define Exposes
To uncover, display or exhibit
