Sexual Offences

Question 1

C.A 1961, S.135

Answer 1

Indecent Assault

• Indecent Assault, the act of ASSAULT MUST BE ACCOMPANIED by CIRCUMSTANCES OF INDECENCY
• Another person

Question 2

Example of S.135 Indecent Assault

Answer 2

A male kisses a female after she tells him not to, A woman walks up to a woman she does not know and grabs her breast

Question 3

Definition of consent

Answer 3

Consent is a persons CONSCIOUS and VOLUNTARY AGGREEMENT to something desired or proposed by another

Question 4

What is an Intimate Visual Recording?

Answer 4

Photograph, digital image, recording made in ANY MEDIUM USING ANY DEVICE WITHOUT KNOWLEDGE OR CONSENT of the person who is the subject of the recording and the recording is of naked, engaged in an intimate sexual activity, showering etc

Question 5

What is an Intimate Visual Recording? (a)

Answer 5

A person who is in a place which in the circumstances would be REASONABLY EXPECTED TO PROVIDE and that person IS TO PROVIDE PRIVACY

Question 6

S.O.A 1981, S.27

I or w/I v
P p
I
O
E a p o h/h g

Answer 6

Indecent Exposure

• In OR within view
• Public place
• Intentionally
• Obscenely
• Exposed any part of his/her genitals

Question 7

Defence?

Answer 7

The defendant PROVES that they had reasonable grounds for believing that HE/SHE WOULD NOT BE OBSERVED

Question 8

C.A 1961, S.125

I A I P P

• w d a i a
• t w t p h OR a p t h a OR w/I v o a s p

Answer 8

Indecent Act in Public Place
-Wilfully does any indecent act -In any place -To which the public have or are permitted to have access OR within view of any such place

Question 9

Definition of Indecent Act

Answer 9

NOT CONFORMING WITH GENERALLY ACCEPTED STANDARDS OF BEHAVIOUR especially in relation to sexual matters

Question 10

Example of S.125 Indecent Act in Public Place

Answer 10

A female jogging through a park, rounds a bend and notices a young man sitting on a park bench. As she passes she sees that man is masturbating while reading a pornographic magazine

Question 11

Defence for S.125 Indecent Act in Public Place?

Answer 11

The defendant PROVES that they had reasonable grounds for BELIEVING THAT THEY WOULD NOT BE OBSERVED TIME/PLACE/CIRCUMSTANCES

Question 12

C.A 1961, S.126

Answer 12

Indecent Act with Intent to Insult or Offend

• With INTENT to INSULT or OFFEND any person
• Does any Indecent Act
• In any place

Question 13

Example of S.126 Indecent Act with Intent to Insult or Offend

Answer 13

A male sees 2 religious persons walking up his driveway. They knock at his door, he opens it and invites them in. While preaching to him, he pulls down his pants and begins to masturbate in front of them

Question 14

Definition of genital?

Answer 14

The PENIS and TESTES of a male and the VULVA and VAGINA of a female

Question 15

POA?

Answer 15

C.A 1961, S.315

Question 16

C.A 1961, S.128A outlines circumstances where in sexual activity a PERSON DOES NOT PROVIDE A LEGAL CONSENT, THERE ARE 7 CIRCUMSTANCES; 1/7

Answer 16

Person doesn’t consent to sexual activity just because he/she DOESNT PROTEST or OFFER PHYSICAL RESISTANCE

Question 17

2/7

Answer 17

Person doesn’t consent to sexual activity if he/she allows the activity because of FORCE APPLIED to him/her or some other person or THREAT (EXPRESSED/IMPLIED) or FEAR OF the APPLICATION OF FORCE to him/her or some other person

Question 18

3/7

Answer 18

Person cannot consent when they ARE ASLEEP OR UNCONSCIOUS

Question 19

4/7

Answer 19

Person cannot consent if they are so AFFECTED by ALCOHOL OR some other DRUG that they cannot consent or refuse to consent

Question 20

5/7

Answer 20

Person cannot consent if affected by INTELLECTUAL, MENTAL, PHYSICAL CONDITION OR IMPAIRMENT of such a nature and degree that they cannot consent or refuse to consent

Question 21

6/7

Answer 21

Person cannot consent where they are MISTAKEN ABOUT the IDENTITY OF the other PERSON

Question 22

7/7

Answer 22

Person doesn’t consent if they allow the act because they are MISTAKEN about its NATURE AND QUALITY