– Section 48 of the Crimes Act 1958
Sexual activity directed at another person is charged where the police think someone (A) has engaged in sexual activity and (A) knows that another person (B) will see or will probably see the sexual activity and will feel or will probably feel fear and distress.
Examples of Sexual Activity Directed at Another Person
Someone (A) masturbates in in front of another person (B) they do not know and is aware that (B) can see them masturbating and looks horrified.
What are some of the possible defences to Sexual Activity Directed at Another Person
- There was no sexual activity.
- The person was not engaging in sexual activity, they were merely scratching themselves.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires and individual approach and strategy.
Questions in cases like this
- Was the activity sexual?
- How can they prove that the complainant actually saw the sexual activity?
Maximum penalty for this charge
Procuring a Sexual Activity Directed at Another Person has a maximum penalty of 5 years imprisonment.
What is the legal definition of Sexual Activity Directed at Another Person
The legal definition of Sexual Activity Directed at Another Person is when somebody (A):
- Engages in an activity; and
- The activity is sexual; and
- Another person (B) sees the activity or part of the activity; and
- (A) knows that (B) will see, or will probably see, the activity or part of the activity; and
- (A) –
- Intends that B will experience fear or distress from seeing the activity or a part of the activity; or
- Knows that B will experience, or will probably experience, fear or distress from seeing the activity or a part of the activity.
The section that covers this offence is section 48 of the Crimes Act 1958.