Google AI


Modern Australian

Is bottom-pinching still 'indecent' by today's community standards?

  • Written by: Hadeel Al-Alosi, Lecturer, School of Law, Western Sydney University
Is bottom-pinching still 'indecent' by today's community standards?

In a recent court case in Western Australia, Magistrate Michelle Ridley ruled that “in an era of twerking” and easy access to pornography, a police officer pinching a woman’s backside is not indecent assault.

Here’s what happened. In December 2017, 48-year-old police officer of 17 years, Andrew Ramsden, participated in a yearly wheelchair basketball charity event. After the game, the anonymous complainant asked if she could have a “serious photo” with other members of the police team.

Read more: Backlash and gender fatigue. Why progress on gender equality has slowed

But when posing for the photo, Ramsden thought it would be funny to startle her by pinching her buttocks, and she jumped forward in surprise when he did so. Ramsden reportedly then said to her either “I hope you take this the right way” or “don’t take this the wrong way”.

He was charged with “unlawfully and indecently assaulting another person” under section 323 of the Criminal Code (WA). And he was eventually found not guilty.

But twerking, grinding, and the easy availability of pornography should never be an excuse for sexual harassment. This argument effectively shifts the blame on victims and implies that the sexualisation of society means women consent to being sexually harassed, which is far from the truth.

And in the era of the #MeToo movement, where women are holding men to account for sexual harassment, it seems the court in the Ramsden case hasn’t caught up to this wider cultural shift.

What is considered ‘indecent’?

Determining if an act is “indecent” requires considering the intention of the accused.

Read more: #MeToo exposes legal failures, but ‘trial by Twitter' isn’t one of them

The courts have stated for an assault to be indecent there

must be a sexual connotation to the activity. It must be an activity which offends community standards of propriety prevailing at the relevant time.

In Ramsden’s case, the magistrate held that the act was not indecent because it was not done for a sexual purpose. And the WA Supreme Court recently upheld the magistrate’s decision, and acquitted him.

The magistrate and the Supreme Court rejected the prosecution’s argument:

the prevailing standards of the community today are that any touching by a man of the buttocks of a woman is inherently indecent.

It has never been okay

Determining community standards is best left to a jury rather than a single judge or magistrate to help ensure “the application of the law is fair and consistent with community standards”. However, no jury was used in Ramsden’s case, so it was up to the magistrate alone to decide whether today’s community would regard pinching a person’s bottom as indecent.

Magistrate Ridley said in the 1970s and 1980s, “a pinch on the bottom was naughty and seen as overtly sexual and inappropriate for that time”. But added nowadays “the thought of a pinch on the bottom is almost a reference to a more genteel time”.

Ridley believed pinching a person’s backside lost its overtly sexual connotation “in an era of twerking and grinding, simulated sex and easy access to pornography”.

But it wasn’t okay to touch people inappropriately then, and it still isn’t now.

The worldwide #MeToo movement, which the prosecution referred to in the trial, is just one example showing the significant cultural shift in societal views of sexual harassment.

On appeal, the Supreme Court accepted the movement had led to an

increase in the number of complaints by women and to increase awareness of the unacceptability of such acts and conduct.

However, it held that no evidence was put forward to the magistrate

upon which a finding could be made that the effect of the movement itself had resulted in a change in community standards as to the ‘acts’ and ‘conduct’ that should, at law, be deemed ‘indecent’.

Cultural change takes time. The #MeToo movement is a positive step in changing how we respond to sexual assault. Unfortunately, using pornography and dancing as an excuse for sexual harassment is a step backwards.

University of Technology Sydney criminal law lecturer Dr Katherine Fallah criticised the Ramsden decision. In an interview on Triple J, Fallah made an excellent point, arguing:

The statement about twerking and about porn are offered in a fairly derisory way of talking about things that are very remote from the facts of the case - here we have a woman having a photo taken after … a wheelchair basketball charity event.

The bottom line

A person’s backside is an intimate part of one’s body and no one should have to tolerate unwanted contact of their private parts for someone else’s amusement.

The Ramsden case fails to reinforce this message because of the definition of “indecency”, which requires a sexual motive for the act.

Read more: Rape, sexual assault and sexual harassment: what’s the difference?

Australian legislators need to step in and make it clear that deliberately pinching a person’s backside is a form of sexual harassment. Without consent, such conduct is unacceptable, regardless of whether it is done for a sexual purpose or in a poor attempt at humour.

The bottom line is that “bum pinching isn’t — and has never been OK”.

Authors: Hadeel Al-Alosi, Lecturer, School of Law, Western Sydney University

Read more http://theconversation.com/is-bottom-pinching-still-indecent-by-todays-community-standards-114429

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionally ...

Road Signs: Understanding Their Role in Clear and Effective Signage

Effective signage and display hardware can help businesses communicate information, promote products and organise customer or visitor movement. Road...

Bottle Label Printing: Key Factors to Consider Before Your Next Packaging Run

Effective packaging begins with understanding the product, bottle material, artwork and production requirements when planning bottle label printing. H...

Planning a Long-Distance Move With Interstate Movers Melbourne

Moving between states involves more planning than a typical local relocation. Along with packing and transporting household belongings, you need to...

Understanding the Role of an I/O Controller in Industrial Automation

Modern industrial systems depend on accurate communication between sensors, machines and control systems. An I/O controller can help manage this commu...

How the Right Mining Hose Supports Demanding Operations

Mining environments place considerable demands on equipment used for material transfer, water management and processing. Hoses operating in these co...

Simple Ideas for Making Social Gatherings More Memorable

We have all been to those parties where everyone just stands around the kitchen island, staring at their phones, waiting for someone else to make a mo...

Outdoor Wall Lights: Improving Exterior Lighting Around Your Home

Lighting can influence how a room looks, feels and functions, so the right fitting should be selected according to both appearance and practical req...

Commercial Office Cleaning: Combining Routine Office Cleaning With Melbourne Service

Keeping a workplace clean requires a service that can accommodate everyday tasks as well as the particular needs of the business. Professional comme...