Indecent Act Charges — Cairns
An indecent act is a criminal charge that can lead to up to two years in jail. It is dealt with in the Magistrates Court, where a Magistrate decides the case without a jury.
What an Indecent Act Charge Covers
The charge comes from section 227 of the Queensland Criminal Code . It can be laid in two situations. The first is where someone deliberately does something indecent in a place the public can go, such as a park, a beach, a shopping centre or a pub. The second is where someone deliberately does something indecent anywhere at all, including in a private home, intending to insult or offend another person. In a public place, police do not have to prove the person meant to offend anyone. In a private place, they do. Exposing yourself is the most common example, but the charge is not limited to that. No one has to have been touched. Touching someone sexually without their consent is a different and more serious charge, sexual assault. The act has to have been done on purpose. Something that happened by accident is not an indecent act.
What Makes an Act Indecent
Indecent has a narrower meaning in this charge than it does in everyday conversation. The courts have made clear that it means behaviour that is sexual or lewd. Behaviour that is rude, crude, in poor taste or simply offends people's sense of what is proper is not enough. Whether something crosses that line is judged by today's community standards, taking into account when and where it happened and everything else going on at the time. The same act might be indecent on a crowded footpath and not indecent somewhere else. If what police say happened does not cross that line, the charge cannot be proved.
Why This Charge Stays in the Magistrates Court
Most sexual offence charges go to the District Court, where they are decided by a jury. A sexual assault charge can only stay in the Magistrates Court if the person pleads guilty and some other conditions are met, and even then they can choose to go to the District Court instead. An indecent act charge is different. Because the most it can lead to is two years in jail, the law says it must be dealt with in the Magistrates Court . Neither side can simply choose to have a jury. The Magistrate decides whether the person is guilty and, if they are, what the penalty should be. There are some exceptions. The Magistrate must send the charge to the District Court if, after hearing from both sides, the Magistrate thinks the case is too serious to be properly punished in the Magistrates Court. The same happens if the indecent act was charged as a fallback to a more serious charge that is going to the District Court. The person charged can also ask for the charge to be sent up, but has to show there is something exceptional about the case, for example that it is closely tied to other charges already going to the District Court. That decision needs to be made early.
Charges That Are Easily Confused With It
Some people are charged with a much less serious offence called wilful exposure instead. It applies to someone who deliberately exposes their genitals in a public place, or close enough to one that they can be seen from it, without a good reason. The most it can lead to is a fine of $345.40. If the person did it to offend or embarrass someone, the most is a fine of $6,908 or up to a year in jail. The same behaviour can sometimes be charged either way, so it matters which one police have actually charged. The paperwork police gave you will say. Sexual assault, often still called indecent assault, involves touching someone in a sexual way without their consent. It is far more serious, with a maximum of 10 years in jail or more in some cases. That charge is explained on the Rape and Sexual Assault page. Deliberately exposing a child under 16 to an indecent act is a separate and much more serious charge, called indecent treatment of a child. It can lead to up to 14 years in jail, or 20 years in some cases, including where the child was under 12. That charge is explained on the Child Sexual Offences page.
Fighting the Charge
If the charge is fought, police have to prove every part of it beyond reasonable doubt. They have to prove that the person did the act, that they did it on purpose, that it was indecent, and either that it happened in a place the public could go or that the person meant to insult or offend someone. If any one of those cannot be proved, the person is not guilty. The case is heard by a Magistrate, and police witnesses can be questioned about what they say happened. Sometimes the evidence fits a less serious charge, such as wilful exposure, better than an indecent act. Sometimes police have described what happened in a way the evidence does not support. Either of those can be raised with the prosecution before deciding whether to plead guilty.
Pleading Guilty and Keeping It Off Your Record
If the person pleads guilty, the Magistrate can give a fine, a good behaviour bond, probation, community service or, in serious cases, jail of up to two years. The Magistrate can also decide not to record a conviction. The Magistrate looks at the whole situation, including what happened, the person's age and character, and how a conviction would affect their work, their job prospects and their life more generally. If no conviction is recorded, the law treats the person as not having been convicted, unless another law says otherwise. A Blue Card is one of those exceptions, explained below. If a conviction is recorded, it goes on the person's criminal history .
The Sex Offender Register and Blue Cards
An indecent act does not automatically put someone on the sex offender register. The Magistrate can only order a person to report to police if a conviction is recorded and the Magistrate is satisfied the person is a risk to the lives or sexual safety of children. If no conviction is recorded, the Magistrate cannot make that order. An indecent act also does not automatically stop someone getting a Blue Card. Blue Card Services will look at it, and must issue the card unless it decides the person is a real risk to children. Blue Card Services counts a guilty finding even where no conviction was recorded, so not having a conviction recorded does not keep it out of a Blue Card check. Civic Law acts for people charged with indecent acts and other sexual offences in Cairns and across Far North Queensland, whether they plead guilty or fight the charge.
Frequently Asked Questions
Is indecent exposure the same as an indecent act?
Not always. Exposing yourself can be charged as an indecent act, which can lead to up to two years in jail, or as wilful exposure, which is much less serious and usually ends in a fine. The paperwork police gave you will say which one you are facing.
Can an indecent act charge go to the District Court?
Only rarely. It stays in the Magistrates Court unless the Magistrate thinks it is too serious to be properly punished there, it was charged as a fallback to a more serious charge going to the District Court, or the person charged asks for it to go up and the Magistrate agrees there is something exceptional about the case.
Will I go on the sex offender register?
Not automatically. The Magistrate can only order it if a conviction is recorded and the Magistrate is satisfied you are a risk to the lives or sexual safety of children.
Can I still get a Blue Card?
Possibly. An indecent act does not automatically rule you out. Blue Card Services must issue the card unless it decides you are a real risk to children. It counts a guilty finding even if no conviction was recorded.