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Aitken Whyte Lawyers, Brisbane Lawyers – Offences Against Morality

 
 

Chapter 22- Offences Against Morality

The offences in Chapter 22 of the Criminal Code designed to protect public morality. The focus on the offence is on the enforcement of opinions on particular aspects of sexual morality. The similarity between all of these offences is that the issue of consent is not relevant and does not provide a justification for the offence.

Some examples of offences against morality include:

Incest - it is an offence for a man or women to have carnal knowledge with a person knowingly related to him or her.  The maximum penalty for this offence is life imprisonment.

Beastiality - makes it an offence for any person to have carnal knowledge with an animal. The maximum penalty is 7 years imprisonment.

Carnal knowledge with or of children under 16 - s215 of the Criminal Code makes it an offence for a person to have or attempt to have carnal knowledge of a person under the age of 16. The maximum penalty is 14 years imprisonment if the child is over the age of 12 and is life imprisonment if the person is under the age of 12.

Attempt to procure an abortion -  s224 of the criminal code makes it an offence to procure an abortion. Where any person who unlawfully administers or causes a women to take any poison or other noxious thing, or uses any kind of force; with the intent to procure the miscarriage of a women, whether or not she it or is not with child will be guilty under s 224. The maximum penalty is 14 years imprisonment.

Observations or recordings in breach of privacy - s227A makes it an offence for any person to observe or visually record another person in circumstances where they would expect to be afforded privacy. The maximum penalty is 2 years imprisonment.


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