Sexual Offences

Question 1

What is the definition of indecent assault?

Answer 1

As per Section 2 of the Crimes Act 1961, assault is the act of intentionally applying force or attempting to apply force to another person directly or indirectly or threatening by an act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds they have the present ability to effect their purpose. This act of assault must be accompanied by circumstances of indecency.

Question 2

Outline the Aspects of consent.

Answer 2

The legally recognised definition of consent in regards to a sexual assault matter.

Consent is a person’s conscious and voluntary agreement to something desired or proposed by another.

Question 3

What is an intimate visual recording?

Answer 3

A visual recording (photograph digital image or recording) that is made in any medium using any device without the knowledge or consent of the person who is the subject of the recording.

Question 4

What are the elements of indecent exposure?

Answer 4

In any public place. 
OR 
Withing view of any public place.
Intentionally and obscenely.
Exposes any part of his or her genitals.

Question 5

What are the elements of Indecent act in public place?

Answer 5

Willfully 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 6

What are the elements of Indecent act with intent to insult or defend?

Answer 6

With intent to insult or offend any person.

Does any indecent act.

In any place.

Question 7

Define the term “Indecent Act”

Answer 7

Not conforming with generally accepted standards of behaviour, especially in relation to sexual matters.

When considering whether a indecent act has been committed you must apply Time, Date And Circumstances.

Question 8

Define the term “Obscenely”.

Answer 8

Offends contemporary standards of propriety, to an extent that a reasonable observer would regard it with “loathing, disgust and revulsion”. Consideration must be given to time, place and circumstances.

Question 9

Define the term “genitals”.

Answer 9

The penis and testes of a male, and the vulva and vagina of a female.