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Section 9 of the Summary Offences Act Queensland states that: a person who is so near a public place that the person may be seen from the public place must not wilfully expose his or her genitals so that the person’s genitals may be seen from the public place, unless the person has a reasonable excuse.
To be liable for wilful exposure it must be proven that the accused was in a public place, he or she wilfully exposed him or herself or exposed another with the intention of embarrassing or offending the person.
The maximum penalty for wilful exposure is 40 penalty points or one year imprisonment.
Unlawful Carnal Knowledge
Unlawful carnal knowledge, as written in section 215 of the Criminal Code Queensland, is the act of having or attempting to have carnal knowledge with a person under the age of 16. Sentencing depends on the age of the child; if the child is 12 years of age or more it is possible to plead that it was believed that the child was 16 years of age.
To be liable for unlawful carnal knowledge it must be proven that the accused had carnal knowledge or attempted to have carnal knowledge with a child of less than 16 years. Additionally, it must be proven that the accused did not have consent and was aware that they did not have consent.
The maximum penalty for unlawful carnal knowledge is 14 years to life imprisonment.
Rape is dealt with under section 349 (2) of the Criminal Code Queensland. A rape occurs when a ‘person has carnal knowledge with or of the other person’ without consent, or, the other person’s body is penetrated by a thing or extension of the offender’s body.
To be liable it must be proven that the accused had sexual intercourse with another without their consent and in full awareness that they did not have permission to have sexual intercourse.
Note: a person under the age of 16 is not legally capable of giving consent.
The maximum penalty for rape is life imprisonment.
Using the Internet to Procure Sexual Abuse from a Child Under 16
Section 218A of the Criminal Code Queensland stipulates that any adult who uses electronic communication with the intentions to procure a person of less than 16 years of age, or a person who they believe to be of less than 16 years, into engaging in a sexual act in or out of Queensland is liable for using the internet to procure sexual abuse from a child under 16. Additionally, anyone who exposes a person under the age of 16 to indecent matter without reason is liable.
It must be proven that the accused is an adult above the age of 18 and that the accused did indeed try to procure a person less than 16 years of age to participate in a sexual act or expose.
The maximum penalty for using the internet to procure sexual abuse from a child under 16 is five to 10 years imprisonment.
Quinn & Scattini Lawyers are preferred suppliers of Legal Aid for criminal law, traffic law and youth justice matters only. We provide our Legal Aid clients with outstanding service, and are committed to providing legal assistance to those unable to afford private representation.
Please note, we no longer provide Legal Aid services in the Ipswich area. Legal Aid services are available only via our Brisbane, Beenleigh, Caboolture, Cleveland, Gold Coast and Jimboomba offices.
If you require detailed information on the Legal Aid process, eligibility requirements, would like to make an application or need to find a Legal Aid lawyer in the Ipswich area, visit Legal Aid Queensland’s website or access the Factsheet “Can I get Legal Aid.”