For example, if your partner is no more than two years older than you, as discussed above. Check the law in that state. It is possible to be charged with a criminal offence, even if sex is consensual and otherwise against the law, if one of the partners knowingly or recklessly infects the other with an infectious disease. Sexual harassment is not a criminal offence in Victoria, unless it involves inappropriate touching or contact, or threats of these, and this would amount to an assault.
This law penalises some sexual activity in public, though not just expressions of affection. It applies equally to all people. If you have sex in public, when and where someone could see you and take offence, you may be charged with 'offensive behaviour'.
You could probably take action against the police for doing so. Most men using beats never encounter the police. The legal meaning of offensive behaviour was established by the Supreme Court in In a Northern Territory case in , the Court of Appeal ruled that offensive behaviour has to be known or intended to be visible, rather than just seen by accident. A Victorian court may take the same approach. The definition of a public place is very wide and would include public toilets.
Behaviour that is concealed, however, even in a public place for example, inside a closed toilet cubicle , is not offensive. It is best to know the local laws if using beats interstate.
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