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The
law on offensive
behaviour |
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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.
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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. |
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