What is Obscene Exposure ?
Obscene exposure is the deliberate exposure in public or in view of the general public by a person of a portion or portions of their body, in circumstances where the exposure is contrary to local moral or other standards of appropriate behaviour.
An offence of Obscene Exposure is what is known as Summary offence which means that the matter will be finalised in the Local Court.
The nature and elements of the offence of Obscene Exposure were considered in R v Benson; Ex parte Tubby (1882) 8 VLR (L) 2 (FC) (at 5): A person may still find themselves in trouble for obscene exposure even if they are unseen, as the court in a joint judgment remarked in
“It is quite unnecessary to prove that the prisoner was actually seen by anyone on the highway when he was exposing himself; it is sufficient that he was in view and could have been seen by any person there.”