Sex Offences

Question 1

What Act and Section is Indecent Exposure ?

Answer 1

Summary Offences Act 1981, Section 27

Question 2

What are the elements of Indecent Exposure ?

Answer 2

• 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

Question 3

What is the penalty and power of arrest for Indecent exposure ?

Answer 3

3 months or $2,000

Powers of arrest 39(1) Summary Offences Act 1981

Question 4

What is the definition of “Indecent” ?

Answer 4

Not confirming with generally accepted standards or behaviour, especially in relation to sexual matters

Question 5

Act and Section for Indecent Act in Public Place ?

Answer 5

Crimes Act 1961, Section 125

Question 6

What are the elements of Indecent Act in Public Place ?

Answer 6

• 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

Question 7

Penalty and Powers of arrest for Indecent Act in Public Place ?

Answer 7

2 years

Crimes Act 1961, Section 315

Question 8

What Act and Section is Indecent Act with intent to insult or offend ?

Answer 8

Crimes Act 1961, Section 126

Question 9

What are the elements for Indecent Act with intent to insult or offend ?

Answer 9

• With intent to insult or offend any person
• Does any Indecent Act
• In any place

Question 10

Penalty and powers of arrest for Indecent Act with intent to insult or offend

Answer 10

2 years

Crimes Act 1961, Section 315

Question 11

What Act and Section is Indecent Assault ?

Answer 11

Crimes Act 1961, Section 135

Question 12

What are the elements for Indecent Assault ?

Answer 12

• Indecently assaults

- Another person

Question 13

Penalty and powers of arrest for Indecent Assault ?

Answer 13

7 years

Crimes Act 1961, Section 315

Question 14

What does IVR stand for ?

Answer 14

Intimate visual recording

Section 216, Crimes Act 1961

Question 15

What Act and Section is Sexual Violation by Rape ?

Answer 15

Crimes Act 1961, Section 128(1)(a)

Question 16

What constitutes Rape ?

Answer 16

• 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

Question 17

What Act and Section is Sexual Violation by Unlawful Sexual Connection ?

Answer 17

Crimes Act 1961, Section 128(1)(b)

Question 18

What constitutes Sexual Violation by Unlawful Sexual Connection ?

Answer 18

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

Question 19

What does “CALMTEA” stand for ?

Answer 19

• 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

Question 20

What are the aspects of Consent ?

Answer 20

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.