Further Sexual Offences Flashcards
Define Outraging Public Decency
It is an offence to commit an act of a lewd, obscene and disgusting nature, which is capable of outraging public decency in a public place where at least two members of the public could have witnessed it
- Contrary to Common Law
What case study related to outraging public decency?
R v Gibson
The ‘act’ does not have to be a ‘live’ activity, nor does it have to be of sexual nature.
It may be the act of putting a disgusting object on public display such as displaying a sculpted head with real human foetus dangling from it in a public art gallery
Define Section 66 Sexual Offences Act 2003
Exposure
A person intentionally exposes their genitals and they intend that someone will see them and be cause alarm or distress
Define Alarm or Distress
There is no definition of alarm or distress, but these words should be given their ordinary meaning. It will be a question for the court to decide.
Define intentionally in terms of sexual offences
The offender has to intend to cause alarm or distress to a person who will see their genitalia. Therefore, naturists’ normal leisure activities would not be an offence provided they are not in a ‘public place’ and on a ‘designated’ naturist site.
Define Section 67(1) Sexual Offences Act 2003
Voyeurism
A person observes another doing a private act for the purpose of obtaining sexual gratification and they know that the other person does not consent to being observed for their sexual gratification
Define a Private Act
A person is doing a private act if they are in a place which, in the circumstances would reasonably be expected to provide privacy AND A person’s genitals, buttocks or breasts are exposed or only covered with underwear. The person is using a lavatory. The person is doing a sexual act that is not a kind ordinarily done in public.
Define Section 67(2) Sexual Offences Act 2003
Operates equipment with the intention of enabling another person to observe, for sexual gratification, a 3rd person doing a private act and he knows that the other person does not consent to his operating equipment with that intention
Define Section 67(3) Sexual Offences Act 2003
Records another person doing a private act and does so with the intention that he or a 3rd person will look at an image of B doing that act for sexual gratification. He knows that B does not consent to his recording the act with that intention
Define Section 67(4) Sexual Offences Act 2003
Install equipment or adapts a structure or part of a structure with the intention of enabling himself or another to commit an offence under subsection (1)
Define Section 67(A) Sexual Offences Act 2003
A person (A) commits an offence if
a) A operates equipment beneath the clothing of another person (B),
b) A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection 3 to observe
i) B’s genitals or buttocks (whether exposed or covered in underwear) or
ii) The underwear covering B’s genitals or buttocks, in circumstances where the genitals, buttocks or underwear would not otherwise be visible and
c) A does so
i) without B’s consent and
ii) without reasonably believing that B consents
Define Section 63 Sexual Offences Act 2003
Trespass with intent to commit a sexual offence
A person commits an offence of trespass with intent to commit a sexual offence if:
They are a trespasser on any premises
They intend to commit a relevant sexual offence on the premises and
They know that, or are reckless as to whether they are a trespasser
Define Section 71 Sexual Offences Act 2003
Sexual Activity in a Public Toilet
It is an offence for a person to engage in sexual activity in a public lavatory
Define Section 33 Criminal Justice and Courts Act 2015
Disclosing Private Sexual Photographs and Films with intent to cause distress
A person commits an offence if:
The person discloses, or threatens to disclose a private sexual photograph or film in which another appears
By doing so, the person intends to cause distress to that individual and
The disclosure is, or would be made without the consent of the individual
Define Sections 63-67 Criminal Justice and Immigration Act 2008
Possession of Extreme Pornographic Images
It is an offence to be in possession of an ‘extreme pornographic image’
