The obscene exposure offence – Victoria

Obscene exposure offences including deliberately exposing one’s genitals in view of a public place. Whether something is considered obscene or not is determined largely by social standards at the time.

In Victoria, this offence carries no more than two years in prison, however the actual penalty varies on a case-by-case basis. It is very likely to carry a criminal conviction, but not always – the judge has discretion here.

What does a ‘public place’ mean?

A public place is defined as any open place the public can access, and includes parks, schools, the pub, sports venues and grounds, roads, the shops, train stations, and churches.

Examples of obscene exposure

  • A streaker at a sports game
  • A flasher in a trenchcoat downtown, in a park, or directly into someone’s window in their home

Police must prove that:

  • You exposed your genitals or genital area
  • You did so on purpose, to be obscene
  • You did so in a public place or within view of a public place

Defences for obscene exposure

  • You acted under duress
  • You acted out of necessity
  • It wasn’t you
  • You didn’t intend to expose yourself in that way

What to do if you are accused of obscene exposure

If you find yourself facing obscene exposure charges, you will need a lawyer to represent you in Magistrate’s court. Get advice early, as you will need guidance in this matter.

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