Obscene Exposure

Best Obscene Exposure Lawyers

Obscene exposure is a serious criminal offence in NSW. The consequences of a conviction can be devastating for a person’s career or plans to travel overseas.

As this is a sexual offence, certain professions may refuse to employ a person with a conviction for such an offence (eg. Teachers or government jobs).

Contact us now to speak to a Law Society accredited specialist criminal lawyer.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Obscene Exposure?

  Obscene exposure is when a person, in or within view from a public place or school, wilfully and obscenely exposes themselves. It is contained in Section 5 of the Summary Offences Act 1988 (the Act).

  The court will assess whether the exposure is obscene based on contemporary standards of society.

   

  How do you beat an Obscene Exposure charge?

  You can beat an obscene exposure charge if the prosecution cannot prove beyond reasonable doubt that you:

  1. Were in or within view of a public place or school;
  2. Obscenely exposed yourself; and
  3. Did so wilfully.

  Obscene exposure allegations in NSW are far more commonplace today. Community attitudes have changed significantly since the #metoo movement which has made fighting such charges more difficult than ever before.

  That is why you need to obtain advice from a specialist criminal lawyer as soon as possible to begin preparing your defence.

  Contact us today to speak to our friendly team.

   

  Examples of Obscene Exposure

  Some examples of obscene exposure include:

  • Exposing your private parts on a train or bus;
  • Urinating in a public place;
  • Exposing yourself while in your own home, while people in a public area can see you.

   

   

  What is a Public Place?

  A public place is a place (whether or not covered by water), or a part of premises, that is open to the public, or is used by the public whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons.

  This definition is contained in section 3 of the Summary Offences Act. It is broad enough to encompass many workplaces, depending on the particular circumstances.

  The decision of R v Eyles [1977] NSWSC 452, explains that the prosecution only needs to prove that the exposed area could have been seen by a person who was in a public place.

  This means that there is no need to prove that the accused was in a public place at the time of the exposure, or that the exposure was actually seen by anyone.

   

  Defences to Obscene Exposure

  The defences to obscene are:

  1. Intent: the exposure of your private parts was not done wilfully.
  2. Identification: The prosecution cannot establish beyond reasonable doubt that you were the perpetrator;
  3. Duress: You were forced to commit the offence
  4. Necessity: committing the offence was necessary in the circumstances

   

  What Does Wilful Mean?

  Wilful means that the obscene exposure was deliberate rather than by accident. If a person exposes themselves negligently, then they would be ‘not guilty’ of the offence.

• PLEADING GUILTY

  If after receiving detailed advice from an accredited specialist in criminal law, you decide that the best course if for you to plead guilty, we will need to begin preparing for sentencing. Our guide will be of some general assistance, but you will need to consult a specialist sexual assault lawyer for representation in Court and advice specific to your case.

  Contact us now to speak to our friendly team.

   

  Penalties for Obscene Exposure

  The maximum penalty for obscene exposure is 6 months’ imprisonment and/or 10 penalty units.

  Contact us now to discuss your case with an experienced obscene exposure lawyer.

   

  Sentencing for Obscene Exposure

  Below is a list of options in sentencing for obscene exposure:

  • Section 10 dismissal
  • Conditional release order without conviction (previously known as Section 10 good behaviour bond)
  • Fine
  • Conditional release order with conviction (previously known as Section 9 good behaviour bond)
  • Community Corrections Order (previously known as Community Service Order)
  • Intensive Corrections Order
  • Full Time Imprisonment

  Offences of this nature can result in a term of imprisonment. This is borne out in the sentencing statistics set out below.

   

  Can I get a criminal record for Obscene Exposure?

  Yes, you can get a criminal record for obscene exposure. This is a likely outcome unless your lawyer can persuade the Court not to record a criminal conviction.

  When analysing sentencing statistics for obscene exposure since 2018, it is unsurprising to see that the vast majority of offenders received a criminal record.

  Plainly, there is a lot at stake when charged with an offence as serious as this. As such, you should speak to Australia’s best obscene exposure lawyers who can provide you with the best defence.

   

  Can I Pay a Greater Fine to Avoid a Conviction?

  No, you cannot pay a greater fine to avoid a conviction for obscene exposure. An experienced criminal defence lawyer will have to prepare your case properly and persuade the court to sentence you to a section 10 dismissal.

  This will mean there is no fine, but there may be court costs.

   

  Which Court Will Hear Your Matter?

  This matter is a summary offence, so it will be finalised in the Local Court.