Being accused of wilful exposure or indecent acts can be stressful and raise serious concerns. These charges can have significant consequences, potentially impacting your future and even resulting in jail time.
Potts Lawyers can help. On this page we’ll outline the relevant laws and what you need to know if you’re facing a criminal conviction.
What the law says
While Queensland law uses the term “wilful exposure” in the Summary Offences Act, some people might be concerned about accusations of obscene exposure or indecent exposure. These terms are generally understood as wilful exposure of genitals that is considered particularly offensive or inappropriate by community standards.
If you’re facing charges related to public exposure, understanding the specifics of the situation is crucial. We can help you navigate the legal process and fight for the best possible outcome.
Sections 9 of the Summary Offences Act Queensland states:
- A person must not wilfully expose his or her genitals, unless the person has a reasonable excuse.
- 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.
It is a circumstance of aggravation for this section for a person to wilfully expose his or her genitals so as to offend or embarrass another person.
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
- The accused
- (a) was in or near a public place; and
- (b) did wilfully expose him or herself; or
- (c) Intended to offend or embarrass the person
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
The meaning of ‘Wilful’
The law requires proof of intent, meaning the prosecution must demonstrate beyond a reasonable doubt that the exposure wasn’t accidental, caused by someone else, or simply carelessness.
Maximum penalty
The Maximum penalty for the offence of Wilful Exposure
- (a) Section 9 (1) is 2 penalty point unit ; or If the offence involves circumstances of aggravation- 40 penalty points or 1 years imprisonment.
- (b) Section 9 (2) is 2 penalty point units; or if the offence involves circumstances of aggravation-40 penalty point units or I years imprisonment.
Which court will hear the matter
This matter is simple offence which means it is dealt with in the Magistrates Court.
Possible defences
Possible defences to this offence include but are not limited to
- Identification i.e. not the accused.
- The behaviour was not in or near a public place.
- The accused did not wilfully expose him or herself.
- The accused did not intend to offend or embarrass to person.
Get Legal Advice
If you have been charged with wilful exposure or any other form of sex offences, sit’s important to get help from a Criminal Defence Lawyer. Contact our dedicated team of criminal lawyers in Brisbane and the Gold Coast to book an initial consultation and get help and advice on your legal matter.