The Memorandum states that " vigilantism is not merely unnecessary, it is unhelpful: anyone taking it upon themselves to seek out or investigate this kind of material where there is no legitimate duty to do so will be liable to prosecution". Sections deal acute sex offender in Canberra offences where the defendant A engages in sexual activity with the complainant, without the complainant's B's consent.
It is often performed in a public place such as on public transport or on an escalator, with crowds of people making it harder to spot people taking these photos. The child is under 16 and the adult does not reasonably believe that the child is over
Similarly, the defence does not apply if the person acts for the purpose of obtaining sexual gratification. Whether section 91 applies will depend on the nature of the sexual activity and if there are any aggravating features present, such as penetration in the presence of other children.
For example, if the evidence to support penetration is unclear, an alternative count of attempt would be appropriate.
The defences of marriage section 43 and pre-existing sexual acute sex offender in Canberra section 44 apply. Where the offences involve penetration they are indictable only with a maximum sentence of 14 years. Rape section 1 The elements of rape are: A intentionally penetrates the vagina, anus or mouth of another person B with his penis; B does not consent to the penetration, and A does not reasonably believe that B consents Penetration of the mouth is included.
Under section 11, there is no requirement that B is actually aware of the activity, although there is a requirement that B is present or can observe.
The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. Offences against children under 13 sections 5 - 8 Introduction Sections apply the main non-consensual offences to children under 13, except that consent in these offences is irrelevant.
It does not deal with all offences in the Act, the notification requirements in detail or the civil preventative orders.