CRIM2020 Lecture Notes - Lecture 3: Indecent Exposure, Sexual Intercourse, Public Morality
Week 3: Justifications for Criminal Laws
Public vs Private?
How to distinguish?
• Where it happens (public place)
o Sexual intercourse is legal in private but illegal in public
o Public indecency (offensive)
Is it helpful? Why/why not?
Can be difficult to justify what is offensive.
How is this distinction class, race or gender bias?
• Certain groups use outdoor spaces for recreation (homeless people)
• Indigenous people prefer outdoor spaces
• Issues of visibility
Domestic Violence; Child sexual assault (where distinction is not helpful)
• Police couldn’t charge people with domestic violence unless the victims reported it
Human Rights (Sexual Conduct) Act 1994, Why was this legislation enacted?
• Tasmanian law had a law that made it illegal for 2 males to engage in sexual intercourse
Harm
• Public morality?
o No such thing
• What role for morality in law making?
• Do children warrant protection?
o Society has a responsibility to protect children
Hunter, Saunders and Williamson (Pornography)
Liberalists (if it doesn’t cause harm to anyone else you should be able to)
Other groups who say it does cause harm (feminist groups, religious groups)
• All comes down to morals
Examples of Social Harms
1. Violence
2. Premature death/injury
3. Car accidents
4. Lack of food and shelter
Preventative Justice
Relationship between preventative justice and presumption of innocence
• The state needs to prove guilt
Negative Consequences?
• Presumption of innocence
• New legislation and consequences of that?
• Racial profiling
Morality
Should immoral conduct be criminalised?
Devlin v Hart Debate
Is there a public morality and should it be protected? And why?
• Devlin believes there is such a thing as public morality
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
How to distinguish: where it happens (public place, sexual intercourse is legal in private but illegal in public, public indecency (offensive) Can be difficult to justify what is offensive. How is this distinction class, race or gender bias: certain groups use outdoor spaces for recreation (homeless people) Domestic violence; child sexual assault (where distinction is not helpful: police couldn"t charge people with domestic violence unless the victims reported it. Human rights (sexual conduct) act 1994, why was this legislation enacted: tasmanian law had a law that made it illegal for 2 males to engage in sexual intercourse. Harm: public morality, no such thing, what role for morality in law making, do children warrant protection, society has a responsibility to protect children. Liberalists (if it doesn"t cause harm to anyone else you should be able to) Other groups who say it does cause harm (feminist groups, religious groups: all comes down to morals.
