Sexual Exposure Offences Lawyer Melbourne
Sexual Exposure is a criminal offence set out in the Summary Offences Act 1966.
In the recent past it has also been known as ‘Obscene Exposure‘ and ‘Indecent Exposure‘.
Sexual Exposure is a criminal offence where a person intentionally exposes their genital area in a sexual way in a public place.
The law is that a person must not wilfully and obscenely expose the genital area of his or her body in, or within view of, a public place.
Examples of this offence are:
- Someone behaving inappropriately in their car in a public place and flashing or exposing their genitals.
- Someone getting a thrill exposing their genitals on public transport.
Irrespective of the reason, if the elements of the offence of ‘Sexual Exposure‘ set out below are satisfied, it is a criminal offence pursuant to section 19 of the Summary Offences Act 1966.
In order to be found guilty of the charge of ‘Sexual Exposure’, the Prosecution must prove ‘beyond reasonable doubt’ the following elements:
- The accused exposed their genitals; and
- The accused intended to expose their genitals; and
- The exposure was sexual; and
- The exposure occurred in a public place.
‘Genitals’ generally means the penis or vagina (in other words, the organs of reproduction).
The whole of the ‘genital’ does not need to be exposed. Some of the genitals is sufficient to prove the elements of the offence.
The breasts do not fall within this definition.
The exposure has to be deliberate or intentional.
An accidental incident where someone bends over and inadvertently exposes their genitals is not sexual exposure. This is not the sort of situation that would be considered intentional.
A gust of wind blowing up a dress, skirt, or kilt of a person and exposing their genitals is not sexual exposure. In this situation, the ‘exposure’ would not be considered intentional.
The exposure has to be ‘sexual’.
In other words, the fact that someone exposes their genitals does not necessarily equate with that exposure being ‘sexual’.
To be ‘sexual’, something more is required. For example, when the person whose genitals are exposed is clearly aroused, or demonstrating sexual gratification from the exposure.
An example that is not of a sexual nature is exposure of the genitals in a nudist or naturalist context. This is not consistent with exposure in a ‘sexual’ manner.
The conduct must be put into context and must be contrary to the community standards of acceptable conduct.
The definition of a ‘public place’ is broad in meaning.
For example, there have been numerous cases where an accused has stood naked in the front window of his house, exposing his genitals to people passing by. There have been numerous cases where an accused has exposed his genitals in the front yard in a clearly aroused state visible to people passing by.
If the accused person knows that they are in view of the public this very fact would be sufficient to prove this element of the offence.
On the other hand, if an accused did not know that he or she was in view of the public and in fact believed they were in a private area then the element of ‘exposure in a public place’ would not be satisfied.
The maximum penalty for this offence is two years imprisonment.
There are many defences to this charge. Therefore, if you have been charged do not despair.
If you are being investigated, or have been charged with, sexual exposure, call Criminal Lawyer Elizabeth McKinnon immediately. She specialises in this area of the criminal law.
She will advise you of how to achieve the best outcome available in your specific criminal case.
She will advise you of how to achieve the best outcome available to your specific case.