Clarity Law

Charged with wilful exposure, or just want to know more about the charge?

What is Wilful Exposure

Wilful exposure is an offence which arises when a person wilfully exposes his, her or their genitals in a public place, unless that person has a reasonable excuse.

A person may also be guilty of Wilful exposure if, from a private place, that is so close to a public place that it could be seen from a public place, they wilfully expose their genitals so that they may be seen from the public place, without reasonable excuse.

The offence is made more serious if in the course of the exposure, it is done with the express purpose of offending or embarrassing another person.

The penalty for this offence carries a maximum penalty of—

(a) 2 penalty units; or

(b) if the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment.

What does the prosecution need to prove?

To be found guilty of wilful exposure, the Police Prosecution Corps must prove, beyond a reasonable doubt the following:

1. the defendant wilfully;
2. exposed their genitals;
3. in a public place; or
4. from a place that is so near a public place that it may be seen from the public place.

Note: It is sufficient for item 4 above, for a person to stand in their private residence in a street facing room (meaning facing the road) where that person could be seen from the road

Are there any defences?

The simple answer is yes.  There are a number of defences that are available;

1. The alleged act was not in or near a public place;
2. The defendant did not wilfully expose their genitals;
3. The defendant was in fact not the person whom is alleged to have committed the act (identification issue); and
4. That any such exposure was not done with the intent to offend or embarrass a person (if applicable).

It is not an offence of wilful exposure for a person to breastfeed a child in public or near a public place. This is a protected act under the anti-discrimination legislation and does not constitute an offence. If you have been charged with an offence of wilful exposure due to breastfeeding in public, contact our office for a free initial consultation.

Why should I choose you and not just represent myself?

Just some reasons include;

1. we know the Magistrates and what they want to hear to give you the best outcome for a wilful exposure charge
2. we have good relationships with the police prosecutors meaning we can often have them agree to the sentence we are asking the court to impose
3. we are there to help you through the process and make everything as stress free as possible, in most cases you will not have to say anything in court
4. engaging us shows the court you are taking your charges seriously
5. your matter will be heard early, often first, you do not have to wait for 20-30 other matters to be heard before you
6. you will be fully informed of what is to happen in court and what this means for you after court
7. unlike the police or the magistrate, we are there to look after you, your privacy and your interests

Our experienced solicitors understand the sensitivity and potential embarrassment this charge may have on someone, any conversation had with our office is strictly confidential, with as few eyes on your file as necessary.

Conclusion
This article is by no means an exhaustive guide to this offence, but stands as a handy ready reckoner for someone looking for more information on or being charged with the offence. If you are charged with the offence, please contact our office for a free initial consultation.

How do I get more information or engage Clarity Law to act for me? 

If you want to engage us or just need further information or advice then you can either;

• Use our contact form and we will contact you by email or phone at a time that suits you
• Book a time for us to call you
• Call us on 1300 952 255 seven days a week, 7am to 7pm
• Email This email address is being protected from spambots. You need JavaScript enabled to view it.