Obscene Exposure Offences
What is Obscene Exposure?
Obscene Exposure is when a person wilfully and intentionally exposes himself or herself inside or near a public place, such as a shopping centre or school.
It involves the removal of one’s clothes to the point of being beyond the community standard of what is considered decent.
Obscene Exposure & The Law
The offence of Obscene Exposure is set out in Section 5 of the Summary Offences Act 1988.
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused removed clothing, thereby exposing himself or herself
The removal of clothing occurred in a public place
The exposure resulting from the removal of clothing was such that it can be considered indecent
The Prosecution must prove a required Intent, that the accused purposefully and intentionally intended to expose oneself in public, being completely aware that the place was public and within close proximity of other populated locations such as a school. There is no requirement for a sexual act to be performed, but simply an intentional exposure or flashing of the genitalia in a public place. Accidental exposure and wardrobe malfunction will not be sufficient have this charge proven.
Going to Court – “What am I looking at?”
Obscene Exposure is a summary offence, which means it will be dealt with in the Local Court, carrying a maximum penalty of up to 6 months imprisonment and/or a fine of up to $1,100. With the appropriate legal representation it is unlikely that first time offenders would receive a term of imprisonment, but rather a fine.
Lawyer Call – here to help..
While the severity of such an offence, is towards the lower end for offences of a sexual nature, it can still have devastating consequences on potential job prospects, particularly in certain industries such as governmental departments and public offices.
Contact our experienced team of defence solicitors to obtain appropriate and honest legal advice regarding the prospects of defending this charge, with a clear breakdown of the alleged facts, the application of the relevant Legislation, and the options you have taking into account all the evidence.
Alternatively, if a plea of guilty is more appropriate in the circumstances, our criminal lawyers have in-depth preparation in gathering and analysing specific medical and supporting documentation to assist your case and present the best possible submissions before a Magistrate for a more lenient sentence and favourable outcome.
If you have been charged with Obscene Exposure, a strong legal team is required to not only fight for your rights and freedom, but also your public image and reputation. Contact our office immediately for expert legal advice.