Sexual Offences

Question 0

What is an older child?

Answer 0

Someone who has not reached 16 yrs, so 13,14,15

Question 1

What is a young child?

Answer 1

A child who has not yet reached 13, 0-12 yrs

Question 2

When under 16 who can consent?

Answer 2

Only An older child (13,14,15)

Question 3

A person with a mental disorder must be incapable of what?

Answer 3

1 or more of the following:

Understand what the conduct is

Form a decision whether to engage

Communicate that decision

Question 4

Sec 1, rape what must occur?

Answer 4

Intentional or reckless penetration of the vagina, anus, or mouth with a penis (male or female)? Without consent or reasonable belief that the victim is consenting

Question 5

Sec 2, sexual assault by penetration, what must occur for the offence?

Answer 5

Intentional or reckless penetration of the vagina or anus with any body part or anything else without consent or reasonable belief that the victim is consenting

Question 6

Sec 3 sexual assault, what must occur for the offence?

Answer 6

There are 5 separate acts which can be done intentionally or recklessly without consent or reasonable belief that the victim was consenting:

1. Penetrating the vagina, anus, or mouth by any means in a sexual way
2. Touching in a sexual way
3. Sexual contact either directly or through clothing and with an implement or not
4. Ejaculating on the victim
5. Emitting urine or saliva onto the victim sexually.

Question 7

Sec 4, sexual coercion, what must occur for the offence?

Answer 7

Intentionally causes a victim to participate in a sexual activity without consent (forced prostitution)

Question 8

Sec 5. Coercing a person to be present during a sexual activity, what must be present for the offence?

Answer 8

Either:
Engaging in a sexual activity in the presence of the victim or
The perpetrator and another person engaged in a sexual activity in the presence of the victim

Only an offence if the perpetrator has done it for sexual gratification or to humiliate/alarm the victim.
Sexual act doesn’t need to be proved to have been witnessed, just occurred in a place where it was capable of being observed by the victim.

Remote viewing does not count

Question 9

Sec 6 coercing a person to look at a sexual image, what must occur for this offence?

Answer 9

A sexual image (a person real or imaginary, inc genitals), is intentionally forced onto a victim to look at, without consent. No offence if was seen by someone other than who it was intended for.

Question 10

Sec 7. Communicating indecently, what must occur for the offence?

Answer 10

Either:
Sending a victim sexual written communication by whatever means and inc writing of other than the accused, e.g. Magazines
Directs a sexual verbal communication by whatever means and inc’s other than the victim inc sounds
For the purpose of sexual gratification or humiliating or causing alarm to the victim

Question 11

Sec 9 voyeurism, what must occur for the offence?

Answer 11

Watching, or filming a private act- an act which is done in circumstances expecting privacy and where the persons genitals, breasts, or bum is exposed or only covered with underwear

Question 12

Sec 11. Administering a substance for a sexual purpose, what must occur for the offence?

Answer 12

Person gives the victim an intoxicant, or causes an intoxicant to be taken by them without them knowing for the purpose of stupefying or overpowering the victim to allow the perpetrator or any other person to engage in a sexual activity.
The actual sexual activity doesn’t have to take place