Sexual Exposure Charge in Victoria
If you have been charged with wilful and obscene exposure, or sexual exposure as it is now called in Victoria, you are at risk of receiving a criminal conviction, a fine, and/or a prison sentence and being put on the sex offence register if you are found guilty in a Victorian Court.
If you have a criminal conviction recorded on your record in relation to sexual exposure, you may find it extremely difficult to find and maintain employment in the future, especially in certain areas such as teaching and health.
If you are facing an Indecent Exposure charge, you should contact Dribbin & Brown Criminal Lawyers. We have criminal defence lawyers specialising in breaches of the Summary Offences Act, including sexual exposure, who can help you with your criminal charges.
What is Indecent Exposure?
In Victoria, Australia, the offence previously known as “indecent exposure” or “obscene exposure” is now officially termed “sexual exposure” under Section 19 of the Summary Offences Act 1966.
This offence refers to an individual’s obscene, wilful exposure of their genital area in, or within view of, a public place.
To be found guilty, the prosecution must prove beyond reasonable doubt that the accused intentionally exposed their genitals, the exposure was sexual in nature, and it occurred in or within view of a public place.
The definition of a “public place” is broad, encompassing areas such as parks, roads, schools, and licensed venues. The maximum penalty for this offence is two years’ imprisonment, and it is typically heard in the Magistrates’ Court as a summary offence.
The offence of Sexual Exposure
Sexual Exposure in Victoria, is considered a public order offence and is punishable under s19 of the Summary Offences Act 1966 (Vic). You may be, or may have already been, charged with Obscene Exposure under the Act. Section 19 states that “A person must not wilfully and obscenely expose the genital area of his or her body in, or within the view of, a public place”.
Indecent Exposure laws in Victoria
What the prosecution must prove
In legal terms, “obscene” generally refers to failing to meet accepted standards of propriety. Justice Harper Pell v Council of the Trustees of the National Gallery of Victoria [1998].
Definition of obscenity and public exposure
Exposing genitals is typically considered obscene, but being naked in public isn’t always obscene – it depends on the context. For example, public nudity on a legal nudist beach wouldn’t count as obscene exposure.
What constitutes a public place and Intent in obscene exposure cases
A “public place” includes any area visible to the public, even if the act happens elsewhere. It’s not necessary for someone to have witnessed the act of public exposure of genitals, but proving the offence becomes harder without a witness (R v Benson; Ex parte Tubby [1882]). The accused must have intended the exposure, meaning accidental exposure may be a valid defence (R v Towe [1953]).
Indecent Exposure defences
If you have been charged with Sexual Exposure, one of our criminal defence solicitors may be able to raise a defence in your matter at court.
The defence of duress may be available if:
- You were forced to expose yourself against your will, which removes the intent required for the offence. Additionally, you may be able to argue the defence of necessity if a situation forced you to do so.
- There may not have actually been exposure of the genitals, or you were not in, or in the view of, a public place.
- You may be able to raise the defence of a mental impairment having affected or caused the illegal act. You should discuss possible mental health issues with your solicitor.
Indecent exposure penalties
So, what are the consequences of exposing yourself?
Maximum penalty
Pursuant to Section 19 of the Summary Offences Act, you may face 2 years in prison if you are convicted of Obscene Exposure / Sexual Exposure. This is the maximum penalty the court may impose and can do so in serious circumstances.
Community Corrections Order
You may instead be issued with a Community Corrections Order (CCO). While this may keep you out of prison, you must abide by strict reporting arrangements and not commit another offence for a certain period. You may still be convicted, and this will show on your personal record.
You may also be fined in lieu of other penalties or in addition to other penalties. The Court may choose to issue you a fine as a stern warning not to commit future offending and to remedy any harm you may have caused to the public.
Avoiding a criminal record
Depending on how the police are putting the case against you, it could be possible to avoid a criminal record, depending on whether the factual matrix that attaches to the charge could be considered a sexual offence, see the spent conviction legislation read in conjunction with section 4 of the Criminal Procedure Act 2009 and s35D of the Crimes Act 1958 to determine whether the conduct is a sexual offence.
What to do if charged with indecent exposure in Victoria
Dribbin and Brown Criminal Lawyers have experienced criminal solicitors in Frankston, Moorabbin, Dandenong, Ringwood, Geelong, Ballarat and the Melbourne CBD. Our solicitors also attend other various courts across Victoria.
If you have been charged with obscene exposure or expect you might be charged at a future date, you should contact one of our expert criminal lawyers in Melbourne as soon as possible.
The earlier your solicitor knows about your matter, the more time they have to prepare. With enough time and preparation, your lawyer can get you the best possible result.
