III. Sexual offences to protect public morality
These offences seek to promote a social or moral goal by restricting sexual activities which clearly violate the generally accepted moral standards of society.
Sexual offences to protect public morality
Choosing a subtopic
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Non-consensual sexual offences
- A. Indecent assault
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B. Rape
- 1. Elements of the offence
- 2. Sentence
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3. Q&A
- 1. Is it true that sexual intercourse with a female under the age of 16 would be rape even if she consents to sexual intercourse?
- 2. Is it rape if I have sexual intercourse with a woman who is asleep?
- 3. What if either party was intoxicated at the time of the intercourse?
- 4. Can a husband rape his wife?
- C. Buggery
- D. Procuring an unlawful sexual act by threats or intimidation
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E. Voyeurism
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Q&A
- 1. Could a person be held liable for voyeurism if they were to install a hidden camera in a public restroom to record individuals without their knowledge?
- 2. Could a person be held liable for voyeurism if they were to install a hidden camera in the guest bedrooms of their own home to record intimate moments of their guests without their knowledge?
- 3. Could a person be held liable for voyeurism for taking a photo of an individual’s buttocks in a public place?
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Q&A
- F. Upskirt photography
- G. Publication of images originating from commission of offence under section 159aab(1) or 159aac(1)
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H. Publication or threatened publication of intimate images without consent
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Q&A
- 1. Could a person be liable for distributing an intimate video of their former partner after the relationship had ended?
- 2. Could a person be liable for threatening to disseminate “deepfake" intimate images of another person on the internet?
- 3. Could a person be liable for simply possessing intimate images that had been published without the subject individual’s consent?
- 4. What can I do if someone has published or is threatening to publish intimate images of me?
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Q&A
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Sexual offences to protect vulnerable persons
- A. Sexual offences involving young persons or children
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B. Abduction of unmarried girl under 18 for sexual intercourse
- 1. What amounts to taking “a girl out of the possession of her parents or guardian”?
- 2. If the girl is not under the control of her parents or guardian at the time the offence is committed, will I still be liable?
- 3. Will I be excused if I do not have any corrupt motive when taking an unmarried girl under 18 against the will of her parents?
- 4. What if the girl suggests going away with me and I take merely the passive part of yielding to her suggestion?
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C. Indecency with children under 16
- 1. Will I commit an offence if the child consents to my indecent acts?
- 2. If my intention is not with indecent motive, for example, sexual gratification, will my acts still be considered as indecent?
- 3. I did not commit any act towards the child. I only passively allowed a child to keep doing the indecent act in question. Am I liable?
- D. Procuring a girl under 21
- E. Causing or encouraging prostitution of girl or boy under 16
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F. Child pornography
- 1. Elements of the offence
- 2. Defences
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3. Q&A
- 1. My friend gave me a computer disc without telling me what it contained. When I opened the files on the disc on my computer I realised they contained naked children. Have I committed an offence?
- 2. Are the police allowed to search my premises for child pornography?
- 3. Can I have photographs or articles classified to determine whether or not they are liable to an offence relating to child pornography?
- 4. Is it an offence to watch a live pornographic performance by a child?
- 5. Is it an offence for parents to post nude childhood photos of their children without their consent?
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Sexual offences to protect public morality
- A. Indecency
- B. Acts Outraging Public Decency
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C. Offences Relating to Prostitution
- 1. Living on Earnings of Prostitution
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2. Keeping a Vice Establishment
- 1. The premises I operate offers accommodation for legitimate purposes. If there are prostitution activities going on in the premises, am I liable?
- 2. How many times do the prostitution activities have to take place at the premises before it is considered as a “vice establishment”?
- 3. Is there a difference if the premises involved the use of children under 13 years of age for the purpose of prostitution or unlawful sexual acts?
- 3. Detention of Person in Vice Establishment
- 4. Soliciting for an immoral purpose
- D. Bestiality
- E. Incest
- Assistance
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