Sex Offences Flashcards
Definition of “Intentionally”
Requires it to be deliberate or voluntary and not accidental
Definition of “Obscenely”
Offends contemporary standards of propriety to the extent a reasonable observer would regard it with loathing, disgust, or revulsion.
Definition of “Genitals”
Penis and testes of a male; vulva and vagina of a female. Must be exposed or visible.
“Definition of Indecent”
Not conforming with generally accepted standards of behaviour, especially in relation to sexual matters.
Definition of “Consent”
Consent is a person’s conscious and voluntary agreement to something desired or proposed by another.
Elements of “Indecent Exposure”
- In OR within view of a public place
- Intentionally and obscenely
- Exposes any part of his or her genitals
Elements of “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 place —
Elements of “Indecent Act with Intent to Insult or Offend”
- With intent to insult or offend any person
- Does any indecent act
- In any place (includes private and public place)
What is the defence for indecent exposure and indecent act in a public place?
The defendant proves that they had reasonable grounds to believing that they would not be observed.
What is the penalty for making an intimate visual recording?
3 years
What are the requirements for the offence of “A person who rapes another person”?
Person A rapes person B when A uses their penis to penetrate the vagina of B, without B consenting to the connection AND without A believing on reasonable grounds B consented to the connection.
When does unlawful sexual connection occur?
When person A has sexual connection with person B, without B consenting to the connection, and without A having RGTB that B consented.
What does “sexual connection” mean with regard to unlawful sexual connection?
- When person A penetrates the genitalia or anus of person B using ANY PART of their body or any object used by them
OR
- Connection between the mouth/tongue of person A and the genitalia or anus of person B
What are all of the sex offences?
“Indecent Act with Intent to Insult or Offend”
“Indecent Act in Public Place”
“Indecent Exposure”
“Indecent Assault”
What are the elements of “Indecent Assault”?
- Indecently
- Assaults
- Another person
