Sexual Offences Flashcards

1
Q

Indecent Exposure Summary Offences Act 1981

A
  1. In OR within view of
    a public place
  2. Intentionally
    and
    Obscenely
  3. Exposes any part of his or her genitals.
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2
Q

Defence for Indecent Exposure

A

The defendant proves they had RGTB that they would not be observed

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3
Q

Definition of Indecent Act

A

Not conforming with generally accepted standards of behaviour, especially in relation to sexual matters.

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4
Q

Indecent Act in Public Place Crimes Act 1961

A
  1. Wilfully does
  2. Any indecent act
  3. 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.
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5
Q

Defence for Indecent Act in PP

A

The defendant proves that they had RGTB that they would not be observed.

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6
Q

Indecent Act with Intent to Insult or Offend Crimes Act 1961

A
  1. With intent to insult OR offend any person
  2. Does an indecent act
  3. In any place
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7
Q

Indecent Assault Crime Act 1961

A
  1. Indecently
  2. Assaults
  3. Another person.
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8
Q

If a male kisses a female when she has said no, is this considered indecent assault?

A

Yes, because it does not conform with the general consensus of society and accepting behaviours.

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9
Q

I am walking along the street and someone comes and grabs my ass, what can I be charged with?

A

Indecent Assault

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10
Q

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?

A

Indecent Act

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11
Q

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?

A

Indecent Act with Intent to Insult or Offend

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12
Q

Sexual Violation - RAPE

A

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.

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13
Q

Sexual Violation - UNLAWFUL SEXUAL CONNECTION

A

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.

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14
Q

Definition of Consent

A

“consent is a person’s conscious and voluntary agreement to something desired or proposed by another”.

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15
Q

Can someone consent when they are very intoxiated and partially blacked out?

A

Nope.

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16
Q

If I am asleep, and I think my boyfriend is coming to bed and the next minute he is having sex with me and I find out it isn’t him, it’s a stranger. Is this legal consent?

A

No because she did not give consent as she thought it was her boyfriend not some stranger.

17
Q

Can someone take back their consent mid-intercourse?

A

Yes, if you’re having sex and then someone says no and you continue having sex then that is non-consenual.

18
Q

What is Intimate Visual Recording?

A

Where someone records another person either:
- during a sexual act (hides the camera in the corner)
- putting a camera under a cubicle stall while someone is showing.
The video can be reproduced and is in an electronic form.