Sex Offences Flashcards
What Act and Section is Indecent Exposure ?
Summary Offences Act 1981, Section 27
What are the elements of Indecent Exposure ?
- In any Public Place OR Within view of any Public Place
- Intentionally and Obscenely
- Exposes any part of his or her genitals
Defence is: had reasonable grounds they would not be observed
What is the penalty and power of arrest for Indecent exposure ?
3 months or $2,000
Powers of arrest 39(1) Summary Offences Act 1981
What is the definition of “Indecent” ?
Not confirming with generally accepted standards or behaviour, especially in relation to sexual matters
Act and Section for Indecent Act in Public Place ?
Crimes Act 1961, Section 125
What are the elements of Indecent Act in Public Place ?
- Wilfully does any Indecent act
- In any place
- To which the public have or are permitted to have access OR within view of a Public Place
Penalty and Powers of arrest for Indecent Act in Public Place ?
2 years
Crimes Act 1961, Section 315
What Act and Section is Indecent Act with intent to insult or offend ?
Crimes Act 1961, Section 126
What are the elements for Indecent Act with intent to insult or offend ?
- With intent to insult or offend any person
- Does any Indecent Act
- In any place
Penalty and powers of arrest for Indecent Act with intent to insult or offend
2 years
Crimes Act 1961, Section 315
What Act and Section is Indecent Assault ?
Crimes Act 1961, Section 135
What are the elements for Indecent Assault ?
- Indecently assaults
- Another person
Penalty and powers of arrest for Indecent Assault ?
7 years
Crimes Act 1961, Section 315
What does IVR stand for ?
Intimate visual recording
Section 216, Crimes Act 1961
What Act and Section is Sexual Violation by Rape ?
Crimes Act 1961, Section 128(1)(a)
What constitutes Rape ?
- Penis into vagina
- slightest connection is enough
- (a) = r(a)pe
- female cannot rape a male, but can be party to
- includes insertion or tapping around the outside
What Act and Section is Sexual Violation by Unlawful Sexual Connection ?
Crimes Act 1961, Section 128(1)(b)
What constitutes Sexual Violation by Unlawful Sexual Connection ?
Connection effected by the introduction into the genitalia or the anus of one person, otherwise than for genuine medical purposes, of:
- any part of the body of the other person
OR
- an object held or manipulated by another person
OR
- connection between the mouth or tongue of one person and part of another persons genitalia or anus
OR
- continuation of connection of a kind described above
(b) = bum Penis/objects into anus/mouth Other than penial connection/insertion Male on male Female on female
What does “CALMTEA” stand for ?
- Conduct your dealings in a sensitive and concerned manner
- Accept they are telling you 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 words, even just to vent their feelings
- establish whether they require Medical attention
- Treat them courteously
- Explain the process you are following and why you need to follow that process
- Advise of local counselling services where relevant
What are the aspects of Consent ?
Section 128A of the Crimes Act 1961, outlines circumstances where in sexual activity a person does not provide a legal consent. These circumstances are:
• A person does not consent to sexual activity just because he or she does not protest or offer physical resistance.
• A person does not consent to sexual activity if he or she allows the activity because of force applied to him / her or some other person; or threat (expressed or implied) or fear of the application of force to him / her or some other person.
• A person cannot consent when they are asleep or unconscious.
• A person cannot consent if they are so affected by alcohol or some other
drug that they cannot consent or refuse to consent.
• A person cannot consent if affected by intellectual, mental, or physical condition or impairment of such a nature and degree that they cannot consent or refuse to consent.
• A person cannot consent where they are mistaken about the identity of the other person.
• A person does not consent if they allow the act because they are mistaken about its nature and quality.
