Sexual Offences Flashcards
What is a defence for Indecent Exposure?
The defendant proves that they have reasonable grounds for believing that they would not be observed.
Explain Section 27 Indecent Exposure.
Penalty 3mths or $2000
- In or within view of any public place
- INTENTIONALLY and OBSCENELY
- Exposes any part of his or her genitals
What is the definition of an Indecent Act?
- Does an indecent act WITH or ON the other person
- Induces or permits the other person to DO an indecent act WITH or ON him or her.
Eg. Male masturbating in a park in full view of the public,or
A couple having sex in their car where they are clearly observed by the public.
Explain Section 125 Indecent Act in Public Place.
Penalty 2 years.
- Wilfully does any indecent act
- In any place
- To which the public have access
OR
4.within view of any such place(private or public place)
Explain Section 126 indecent Act with Intent to Insult or Offend.
Penalty 2 years
- with intent to insult or offend any person
- does any indecent act
- in any place
Eg. Masturbates in front of religious people door-knocking
Explain Section 135 Indecent Assault.
Penalty 7 Years
- Indecently assaults
- Another person
Eg. Male kisses female after she tells him not to.
Woman walks upto another woman she doesn’t know and
grabs her breast.
What are other offences involving indecency?
Section 132(3) Indecent Act on a child under 12 (penalty 12 yrs)
Section 134(3) Indecent act on a young person under 16 (penalty16 yrs)
Explain Intimate Visual Recordings.
Known as in some cases Upskirting and Downtopping.
- Visual recordings (photos, or recordings) of
- a person who thinks they have privacy whilst naked, partial dressed with genitals, breasts, buttocks exposed or partially, or in underwear
- engaged in intimate sexual activity
- showering, in toilet or dressing or undressing
- Upskirting or Downtopping - Or a recording being transmitted in real time without retention in physical or electronic form.
Explain what the Sexual Violation offences are.
Section 128(1)(a) Sexual Violation by Rape
Penis in vagina
-without consent to connection
-without believing in reasonable grounds that consent was given
(Includes transgender)
Section 128(1)(b) Sexual Violation by Unlawful Sexual Connection
Sexual Connection
- without consent to connection
- without believing in reasonable grounds that consent was given
Sexual Connection=
Connection to genitalia or anus (not for medical reasons)
-any part of another persons body
-any object held or manipulated by another person
-with mouth or tongue and
-continuation of connection
Explain Section 128A Person does NOT provide legal consent.
- Does not consent to sexual activity just because they do not protest or offer physical resistance.
- Does not consent to sexual activity if he/she allows because of force applied or threats
- Cannot consent when they are asleep or unconscious
- If affected by alcohol or drugs and incapable to refuse or consent
- Is affected by intellectual, mental or physical condition or impairment that they cannot refuse or consent
- Where they are mistaken about the identity of other person
- If they allow because they are mistaken about its nature and quality
When dealing with victims of sexual offences you should:
C - conduct your dealings in sensitive and concerned manner
A - accept they tell you until evidence proves contrary
L - listen to them, let them explain account and allow to vent
M - medical attention- establish if needed
T - treat them courteously
E - Explain process and why you need to follow it
A - advise local counselling services where relevant
What are the 3 stages of victim stress?
ACUTE STAGE
Can occur immediately after abuse and last for weeks
Could appear calm and controlled but also could be uncontrollable
OUTWARD ADJUSTMENT STAGE
Initial shock reactions wear off
May have learnt to cope with trauma
Feelings of denial may rearrange life to avoid reminders
INTEGRATION STAGE
can extend over long period
Victim feels vulnerable
Poor self esteem
What are the four ‘indecent’ offences?
Indecent Exposure
Indecent act with intent to insult or offend
Indecent assault
Indecent act in a public place
Outline the Initial Action at the scene of a serious sexual assault (as per the Adult Sexual Assault Investigation Model)
FREEZE, CONTROL, PRESERVE
- Instruct scene to be cleared(of people) and left untouched
- Instruct victim not to:
- wash
- change clothes
- use unnecessary medical aids
- change appearance eg. Comb hair, apply make-up
- go to toilet (to preserve potential forensic evidence) If they have to go seize toilet paper for later analysis. - Record anything victim can recall about offender and vehicle used
- ensure victim does not returns to scene or is transported in same car in which suspect was transported.
