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The law on offensive behaviour



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caution!
This web site is not a substitute for proper legal advice. 
The VAC cruising guide [which you must read if you are intending to cruise beats, saunas, etc] offers basic advice on the law. I have used it as the main source for this page, or you can read the full document here [strongly recommended].
You can be charged with 'offensive behaviour in public' (Summary Offences Act 1966- Victoria) for engaging in sexual activity, or displaying your penis or bottom in a public place, including places such as a public area of a toilet.

You can't get into trouble simply for being at a beat. You can't be charged with offensive behaviour if you are within a locked toilet cubicle, or someone would have to take unusual or specific action to observe the activity, such as looking underneath the cubicle door.

The police
The police have the right to ask for your name and address if they believe that:
- you have broken the law
- you are about to break the law, or
- you can help them investigate a serious offence which may have taken place nearby

You do not have to answer the police's questions, except for giving your name. You can also demand to see a lawyer. Anything that you tell police may be used against you later in court if you are charged with an offence. If you have not been arrested, it may be advantageous to co-operate with the police to avoid being arrested.

If questioned by police, you can ask them:
- why they are questioning you.
- their names, rank, station and police number.

Remember that if you are in your car, even if it is not running, the police have much greater powers to demand name, drivers' licence, etc. It may be wise not to return to your vehicle in some circumstances.

Entrapment
This is where a police officer encourages you to break the law in order to arrest you. For example, a plain-clothes police officer may encourage you to expose yourself or touch them, and then arrest you. Entrapment is not illegal in Victoria (!!), but is not encouraged within the police force. Some police officers and security guards may use this technique but they must be prepared to state that you would have committed the offence if they were not there. If you are a victim of entrapment, seek legal advice as soon as possible.

Police impersonators
Some people impersonate police officers for the purposes of harassing or ripping off beat users. If someone claiming to be a police officer harasses you or asks you for money as a 'fine', notify the Police Gay & Lesbian Liaison Officer or the nearest police station.

Bashings
There have been some very serious bashings and even murders at beats. Regardless of the location, a bashing is a bashing, and you should report it. You may also be entitled to claim victim compensation. Report all incidents of violence at beats, no matter how small you think they are, to the Police Gay & Lesbian Liaison officer and the Anti-Violence Project or the VAC/GMHC Outreach Project. Remember that you may save others from becoming victims of violence and calls may be made anonymously if you wish. You can not be charged with using a beat in this instance, as you were not observed.

Selected offences from the Victorian Summary Offences Act 1966
17. Obscene, indecent, threatening language and behaviour etc. in public
(1) Any person who in or near a public place or within the view or hearing of any person
being or passing therein or thereon-

(c) uses profane indecent or obscene language or threatening, abusive, or insulting words;
or

(d) behaves in a riotous indecent offensive or insulting manner-
shall be guilty of an offence.
Penalty: 10 penalty units or imprisonment for two months;
For a second offence-15 penalty units or imprisonment for three months;
For a third or subsequent offence- 25 penalty units or imprisonment for six months.

19. Obscene exposure
A person must not wilfully and obscenely expose the genital area of his or her body in, or
within the view of, a public place.

Penalty: 2 years imprisonment.

49C. Being disguised with unlawful intent
A person must not with unlawful intent-
(a) be disguised or have a blackened face; or
(b) have an article of disguise in his or her custody or possession.
Penalty: 2 years imprisonment.

See also:
Safety in public

More information:

Cruising
Cruising is a resource developed and designed for gay and homosexually active men that use Beats, SOPVs and Online chat for sexual and social purposes. The resource aims to develop the skills, knowledge and capacity of men who use these environments already, and for those who are planning to cruise for sex.

Summary Offences Act
Click 'Victorian Law Today' and search to get the full text of the Act.

Victoria Police
About Victoria Police's Gay and Lesbian Liaison Officers


Over the rainbow
Site intended to help you understand how you can use the law to enforce your right to equal treatment and to protect yourself and your (newly recognised) families from the effects of discrimination.