Section 41A of the Summary Offences Act 1966 (Vic) sets out the statutory offence of observation of genital or anal region. The maximum penalty for this offence is 3 months imprisonment.
To prove this offence, the prosecution must establish the following beyond reasonable doubt:
- The accused used a device to observe a person’s genital or anal region;
- The accused did so intentionally; and
- The accused did so in circumstances in which a reasonable person in the position of the other person would expect that his or her genital or anal region could not be observed.
For the purposes of this provision, a ‘device’ means a device of any kind capable of being used to observe a person’s genital or anal region. However, it does not include spectacles, contact lenses or other devices used by a person with impaired sight to overcome that impairment. Furthermore, ‘genital and anal region’ includes circumstances where the region is bare or covered by underwear.