s48 Sexual Activity Directed at Another Person

Have you been charged with Sexual Activity Directed at Another Person? 

There are a number of issues to consider if you have been charged with this offence.

• Can the prosecution make out their case?
• Did you engage in sexual activity knowing another person would witness the behaviour?
• Did you intended to cause distress or fear in the witness?
• Did think that it might create such discomfort in the witness?
• What were the circumstances surrounding the alleged offence?

A mistaken but honest and reasonable belief that the activity was not sexual is not a defence to this offence.

Please read below for more information relating to this charge. Or follow this link for more information on sex offences generally.

The offence

Section 48 of the Crimes Act 1958.

The prosecution must prove:

1. The defendant engaged in a sexual activity; and
2. Another person witnessed the whole act or part of it; and
3. The defendant knew it would be witnessed; and
4. The defendant intended or was aware that the complainant would or probably would experience distress or fear from witnessing the act.

The maximum penalty

Level 6 imprisonment being a maximum of 5 years.

Where will my case be heard?

Sexual Activity Directed at Another Person will usually be heard in the Magistrates’ Court, unless they are accompanying more serious charges.

Questions to consider

Do you have a defence?

If you are pleading guilty, what can you do to minimise your sentence?

What to do next?

Now is the time to make sure that you have a lawyer who can give you sound advice, who can help you prepare your evidence and discuss what is to be addressed in this matter. Arrange a time to see one of our experienced sex offence criminal lawyers.

Preparation is critical to the success of any matter, ensure that you prepare appropriately by seeking quality legal advice. If you have been charged with Sexual Activity Directed at Another Person, make an appointment to see one of our lawyers as soon as is practical.

The Legislation

Section 48 Sexual activity directed at another person

(1) A person (A) commits an offence if—

(a) A engages in an activity; and

(b) the activity is sexual; and

(c) another person (B) sees the activity or a part of the activity; and

(d) A knows that B will see, or will probably see, the activity or a part of the activity; and

(e) A—

(i) intends that B will experience fear or distress from seeing the activity or a part of the activity; or

(ii) knows that B will experience, or will probably experience, fear or distress from seeing the activity or a part of the activity.

(2) A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).

Note

A mistaken but honest and reasonable belief that the activity was not sexual is not a defence to this offence—see section 48B.