Sexual Offences Flashcards
What are the four “indecency” offences?
Indecent exposure, indecent act in a public place, indecent act in a public place, indecent act with intent to insult or offend, indecent assault.
What does indecent exposure consist of?
In or within view of a public place, intentionally AND obscenely exposes genitals.
Not just nudity - must have the intentional and obscene factors.
What is an example of indecent exposure?
A middle aged man sitting in his parked car at a busy intersection naked from the waist down. He is aware that people walking past can see him.
What does an indecent act in a public place consist of?
Wilfully doing any decent act in any place to which the public have access, or within view of any such place. Includes doing an indecent act with or on another person, or inducing or permitting another person to do an indecent act with or on him or her.
What is an example of an indecent act in a public place?
A couple having sex in a public place.
What is a possible defence to indecent exposure/indecent act in a public place?
If the defendant believed on reasonable grounds that they would not be observed.
What does an indecent act with intent to insult or offend consist of?
With intent to insult or offend any person, does any indecent act, in any place.
What is an example of an indecent act with intent to insult or offend?
A male sees two religious persons walking up his drive. There is a knock at his door and he opens it. He invites them in and while they are talking to him about the bible he pulls down his shorts and begins to masturbate in front of them.
What does indecent assault consist of?
Indecently assaulting another person. For the assault to be indecent there must be a “sexual factor” to it.
What is an example of indecent assault?
A man walks up to a woman he does not know and grabs her breast.
What are some sex offences pertaining to minors?
Indecent act/sexual grooming/sexual conduct on/with a child under 12 OR 16 - various penalties.
What is an intimate visual recording?
A visual recording made in any medium using any device without the knowledge or consent of the person who is the subject of the recording, in circumstances of intimacy.
What are the two types of sexual violation?
Rape or unlawful sexual connection.
What is sexual violation by rape?
Penetration of person B’s genitalia by person A’s penis without person B’s consent, or a belief on reasonable grounds of that consent.
What is sexual violation by unlawful sexual connection?
Physical connection of a sexual manner between person A and person B, without person B’s consent or belief of that consent on reasonable grounds. The sexual connection is of a type that does not constitute rape.
When does a person NOT consent to physical activity?
Acronym - MIMDAFO
When they are Mistaken about identity
When they are Impaired
When they are Mistaken about nature/quality
When they are severely affected by Drugs/alcohol
When they are Asleep/unconscious
When they allow the activity due to Force
When they do not Offer physical resistance
What is the acronym for dealing with a victim of a sexual offence?
CALM TEA Conduct feelings in sensitive/concerned manner Accept they are telling the truth Listen to what they tell you/vent Medical attention - establish the need Treat them courteously Explain the process and why it is followed Advise of counselling services
What are the four main points that you should establish during initial action to a sexual offence complaint?
Victims details/whereabouts
Brief circumstances of offence - esp T/D/P
Scene location
Offenders description, whereabouts and mode of travel
What initial action protocol should you apply to the scene of the offence?
Freeze/control/preserve
What should the victim of a sex offence refrain from doing?
Eating/drinking
Going to the toilet
Washing/showering
Washing hands/biting fingernails
Where can evidence that corroborates a sexual offence complaint be collected from?
Exhibits Scene examination Forensic evidence Offenders admissions/explanations Physical/mental state of victim Witnesses Physical description/injuries to the offender
