Sexual Offences Flashcards
Indecent Exposure Summary Offences Act 1981
- In OR within view of
a public place - Intentionally
and
Obscenely - Exposes any part of his or her genitals.
Defence for Indecent Exposure
The defendant proves they had RGTB that they would not be observed
Definition of Indecent Act
Not conforming with generally accepted standards of behaviour, especially in relation to sexual matters.
Indecent Act in Public Place Crimes Act 1961
- Wilfully does
- Any indecent act
- In any place to which the public have or are permitted to have access
OR
Within view of any place to which the public have or are permitted to have access.
Defence for Indecent Act in PP
The defendant proves that they had RGTB that they would not be observed.
Indecent Act with Intent to Insult or Offend Crimes Act 1961
- With intent to insult OR offend any person
- Does an indecent act
- In any place
Indecent Assault Crime Act 1961
- Indecently
- Assaults
- Another person.
If a male kisses a female when she has said no, is this considered indecent assault?
Yes, because it does not conform with the general consensus of society and accepting behaviours.
I am walking along the street and someone comes and grabs my ass, what can I be charged with?
Indecent Assault
I am minding my own business, someone is in their car at 3pm on a Monday parked out side a school and is wanking. What is the offence?
Indecent Act
It’s Sunday and it’s church, and I am reading the bible when someone comes up to me and pulls their pants down and starts playing with their genitals, it offends me. What is the offence?
Indecent Act with Intent to Insult or Offend
Sexual Violation - RAPE
A person who rapes another person.
- Penis to-vagina penetration.
- No consent was given.
- without believing on reasonable grounds there was consent to the connection.
Sexual Violation - UNLAWFUL SEXUAL CONNECTION
Any person having unlawful sexual connection with another person.
- Sexual connection without the person consenting to the connection.
- Without believing on reasonable ground there was consent to the connection.
- GENITALS, ANUS, ANY PART OF BODY OR ANY OBJECT USED.
Definition of Consent
“consent is a person’s conscious and voluntary agreement to something desired or proposed by another”.
Can someone consent when they are very intoxiated and partially blacked out?
Nope.