OF13 - SEX OFFENCES

Question 1

ELEMENTS OF INDECENT EXPOSURE

SOA 1981 SECTION 27

Answer 1

1. IN OR WITHIN VIEW OF A PUBLIC PLACE
2. INTENTIONALLY AND OBSCENELY
   deliberate/voluntarily and not on accident/reasonable observer would regard it with “loathing, disgust and revulsion”. Consideration must be given to time, place and circumstances.
3. EXPOSES ANY PART OF HIS OR HER GENITALS
   penis/testes of a male. vulva/vagina of female. Some part of the organ must be exposed or made visible

Question 2

ELEMENTS FOR INDECENT ACT IN PUBLIC PLACE

CRIMES ACT 1961 SECTION 125

Answer 2

1. WILLFULLY DOES
   deliberate/voluntarily and not on accident
2. ANY INDECENT ACT
   not conforming with generally accepted standards of behaviour, especially in relation to sexual matters
3. IN ANY PLACE TO WHICH THE PUBLIC HAVE OR ARE PERMITTED TO HAVE ACCESS OR WITHIN VIEW OF ANY SUCH PLACE

Question 3

ELEMENTS FOR INDECENT ACT WITH INTENT TO INSULT OR OFFEND

CRIMES ACT 1961 SECTION 126

Answer 3

1. WITH INTENT TO INSULT OR OFFEND ANY PERSON
   done deliberately, on purpose aiming to cause offence
   and outrage to ANY person
2. DOES ANY INDECENT ACT
3. IN ANY PLACE
   includes private and public

Question 4

ELEMENTS FOR INDECENT ASSAULT

CRIMES ACT 1961 SECTION 135

Answer 4

1. INDECENTLY
2. ASSAULTS
   intentionally applying/attempt force , directly/indirectly, or by threats/gestures
3. ANOTHER PERSON

Question 5

DEFENCE:

INDECENT EXPOSURE & INDECENT ACT IN PUBLIC PLACE

Answer 5

The defendant proves that they had reasonable grounds for believing that they would not be observed.

Question 6

CONSENT

Answer 6

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

Question 7

INTIMATE VISUAL RECORDINGS

Answer 7

SECTION 216H CA 1961
It is an offence for everyone who intentionally or recklessly makes an intimate visual recording of another person.

PENALTY: 3 years imprisonment

Question 8

SEXUAL VIOLATION

Answer 8

SECTION 128 CRIMES ACT 128

(1)(a) BY VIOLATION OF RAPE
a person who rapes another person
penis penetrates vagina

(1)(b) BY UNLAWFUL CONNECTION
any person having unlawful sexual connection with another person
object/body part penetrates genitalia, anus

Question 9

SEXUAL CONNECTION

Answer 9

1. Person A penetrates the genitalia or anus of person B using any part of their body or any object used by them

OR

2. Connection between the mouth or tongue of person A and the anus or genitalia of person B

Question 10

INDECENT ACT

Answer 10

Involves doing, inducing or permitting an indecent act with or in another person