Sexual Offences

Question 1

What are the four “indecency” offences?

Answer 1

Indecent exposure
Indecent act in a public place
Indecent act with intent to insult or offend Indecent assault

Question 2

What does indecent exposure consist of?

Answer 2

In or within view of a public place, intentionally AND obscenely exposes genitals.

Not just nudity - must have the intentional and obscene factors.

Defence:
Believed that they weren’t going to be seen.

Question 3

What is an example of indecent exposure?

Answer 3

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.

Question 4

What does an indecent act in a public place consist of?

Answer 4

Wilfully doing any indecent 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.

Defence:
Believed that they weren’t going to be seen.

Question 5

What is an example of an indecent act in a public place?

Answer 5

A couple having sex in a public place.

Question 6

What does an indecent act with intent to insult or offend consist of?

Answer 6

With intent to insult or offend any person, does any indecent act, in any place.

Question 7

What is an example of an indecent act with intent to insult or offend?

Answer 7

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.

Question 8

What does indecent assault consist of?

Answer 8

Indecently assaulting another person. For the assault to be indecent there must be a “sexual factor” to it.

Question 9

What is an example of indecent assault?

Answer 9

A man walks up to a woman he does not know and grabs her breast.

Question 10

What is an intimate visual recording?

Answer 10

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.

Question 11

What are some sex offences pertaining to minors?

Answer 11

Indecent act/sexual grooming/sexual conduct on/with a child under 12 OR 16 - various penalties.

Question 12

What are the two types of sexual violation?

Answer 12

Rape or unlawful sexual connection.

Question 13

What is sexual violation by rape?

Answer 13

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.

Question 14

What is sexual violation by unlawful sexual connection?

Answer 14

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.

Question 15

When does a person NOT consent to physical activity?

Answer 15

Consent is not granted if:

There is no protest or physical resistance
There is force applied or the threat or fear of force
They are asleep or unconscious
They are so affected by drugs or alcohol they cannot refuse
Effected by intellectual, mental, physical condition
There is a mistake about the identity of the other person
Mistaken about the nature and quality of the act e.g. a kiss doesn’t mean consent for sex

Question 16

What is the definition of consent?

Answer 16

“A consent freely given by a rational and sober person so situated as to be able to form a rational opinion on the matter to which he/she consents”

Question 17

What is the acronym for dealing with a victim of a sexual offence?

Answer 17

CALM TEA

Question 18

What does CALM TEA stand for?

Answer 18

CONDUCT your dealings in sensitive manner
ACCEPT they are telling the truth until evidence proves otherwise
LISTEN to what they have to say
MEDICAL attention if required
TREAT them courtesy
EXPLAIN the process to them & why it needs to be followed
ADVISE victim of services available

Question 19

What are the four main points that you should establish during initial action to a sexual offence complaint?

Answer 19

Victims details/whereabouts
Brief circumstances of offence - esp Time/Date/Place
Scene location
Offenders description, whereabouts and mode of travel

Question 20

What initial action protocol should you apply to the scene of the offence?

Answer 20

Freeze
Control
Preserve

Question 21

What should the victim of a sex offence refrain from doing?

Answer 21

Eating/drinking
Going to the toilet
Washing/showering
Washing hands/biting fingernails

Question 22

Where can evidence that corroborates a sexual offence complaint be collected from?

Answer 22

Exhibits
Scene examination
Forensic evidence
Offenders admissions/explanations
Physical/mental state of victim
Witnesses
Physical description/injuries to the offender

Question 23

What will a doctor check for?

Answer 23

Injuries or bruising to corroborate the victims account.

Nail scrapings that may contain traces if offenders skin, blood, or soil from the scene.

Foreign hairs on clothing that may belong to the suspect or tie the victim in with the scene of the offence.

Blood samples for comparison and. DNA testing.

Pubic hair that may identify or confirm the identity of the offender.

Seminal fluid that may corroborate the complaint and also provide evidence of identification through DNA testing.