OF13: Sexual Offences Flashcards
Elements Section 27 Summary Offences Act
Indecent Exposure
- In OR within view of a public place
- Intentionally and obscenely
- Exposes any part of his or her genitals
Defence for indecent exposure?
Reasonable grounds to believing that they would not be observed
Elements for Section 125 Crimes Act
Indecent Act in a Public Place
- Wilfully does
- Any indecent act
- In any place to which the public have or are permitted to have access to
OR - Within view of any such place
Definition of indecent
Not generally accepted standards of behaviour, especially in relation to sexual matters
Elements of Section 126 Crimes Act
Indecent Act with Intent to Insult or Offence
- With intent to insult or offend any person
- Does any indecent act
- In any place
Elements for Section 135 Crimes Act
Indecent Assault
- Indecently assaults
- Another person
(Assault accompanied by indecency)
Explain Section 216G Crimes Act
A visual recording of any medium and device without knowledge or consent of the subject of the recording
Elements of Section 128 (1) (a) Crimes Act
Sexual Violation by Rape
- A person
- Who rapes
- Another person
Elements of Section 128 (1) (b) Crimes Act
Examples
Sexual Violation By Unlawful Sexual Connection
- Any person
- Having unlawful sexual connection
- With another person
E.g. connection of body parts, objects, mouth
Definition of consent
A person’s conscious and voluntary agreement to something desired or proposed by another
128A: Circumstances of not providing LEGAL CONSENT
- Does not physically resist
- Allows the activity due to force or threat or fear of
force - Asleep or unconscious
- Affected by alcohol or drugs TO A DEGREE that they
cannot consent - Mental/physical impairment
- Mistaken about identity
- Mistaken about nature
Definition of obscenely
Offends contemporary standards of propriety
Offensive or disgusting by accepted standards of decency
Legal age of an adult in regards to sexual offences
16 or over
Aims of frontline when dealing with victims of sexual offences
- Ensure victim safety
- Preserve crime scene and evidence
- Apprehend and prosecute
- Help victim emotionally and psychologically
Explain CALM TEA
C-onduct your dealings in a sensitive and concerned
manner
A-ccept they are telling the truth until proven otherwise
L-isten
M-edical attention needed?
T-reat them courteously
E-xplain the process and why you’re doing it
A-dvise of counselling services
