Sexual Offences Flashcards
What is the definition of indecent assault?
The act of intentionally applying force…
…This act of assault must be accompanied by circumstances of indecency.
Outline the aspects of consent:
A person does not consent to sexual activity:
Because they do not protest of offer physical resistance.
They allow the activity because of the force applied to them, or some other person; or threat (expressed or implied) or fear of the application of force to them or some other person.
When they are asleep or unconscious.
So affected by alcohol or some other drug that they cannot consent or refuse to consent.
Affected by intellectual, mental or physical condition or impairment of such a nature and degree that they cannot consent or refuse to consent.
Where they are mistaken about the identity of the other person.
If they allow the act because they are mistaken about its nature and quality.
What is an intimate visual recording?
A visual recording that is made on any medium using any device without knowledge or consent of the person who is subject of the recording, and it is of:
A person who is in a place which, in the circumstances, would be reasonably be expected to provide privacy, and that person is -
- Naked or has his/her genitals, pubic area, buttocks, or female breasts exposed, partially exposed or clad in undergarments,
- Engaged in an intimate sexual activity,
- Engaged in showering, toileting, or other personal bodily activity that involves dressing or undressing.
A person’s naked or undergarment-clad genitals, pubic area, buttocks or female breasts which is made -
- From beneath or under a person’s clothing
- Through a person’s outer clothing in circumstances where it is unreasonable to do so.
…includes an intimate visual recording that is made and transmitted in real time without retention or storage in -
- A physical form,
- An electronic form from which the recording is capable of being reproduced with or without the aid of any device or thing.
Define Indecent Act:
Generally and act which is
Offensive to modesty or good taste
Lacking decency
Define Obscenely:
Something objectionable or repugnant to the normal person’s acceptable standard of decency or morality.
Define Genitals:
Organs of regeneration. Does not include pubic hair or breasts.
What are the ingredients for Indecent act in a public place?
Wilfully does any indecent act
In any place
To which the public have access - OR -
Within view of any such place
What are the ingredients for Indecent Exposure?
In any public place - OR -
Within view of any public place
Intentionally and obscenely
Exposes any part of his or her genitals
What are the ingredients for Indecent act with intent to insult or offend?
With intent to insult or offend any person
Does any indecent act
In any place
what is an example of Indecent Exposure?
A person sitting in a public place naked from the waist down, knowing that people can observe him.
what is an example of Indecent act in a public place?
A female seeing a male masturbating in the public park.
what is an example of Indecent act with intent to insult or offend?
A male inviting sales people into his house, then masturbating in front of them.
What are the ingredients for Indecent assault?
Indecently assaults
Another person.
what is an example of Indecent assault?
A male kissing a female after she tells him not to.
When dealing with the victim of a sexual offence, you should:
Conduct your dealings in a sensitive and concerned manner.
Accept they are telling the truth until there is evidence to prove contrary.
Listen to what they tell you, giving them an opportunity to tell their account in their words, even just to vent their feelings.
Medical Attention - establish whether they require it.
Treat them courteously.
Explain the process you are following and why you need to follow that process.
Advise of local counselling services where relevant.
CALM TEA.
