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Exposure

A person commits an offence if he

·        intentionally exposes his genitals; and

·        he intends that someone will see them; and

·        that other person will be caused alarm or distress

The first question you should answer is “Did D** show C** his penis?”  C** says he did.  D** says he did not.  If he did not, he is not guilty of this count.  But if he did, you should consider whether he intended that C** would be caused alarm or distress.  C**’s evidence was that she covered her eyes and turned away.  That does not prove what was in D**’s mind.  You can only decide what his intention was by considering all the relevant circumstances. You should consider whether he intended or foresaw that C** would be alarmed or distressed.  You can draw such inferences as appear proper in the circumstances.  You have seen both C** and D** give evidence.  He knew her well.  In those circumstances would he have realised that C** would be alarmed or distressed by showing her his penis?  That is for you to decide.

So the questions you have to answer, having regard to all the evidence and the directions which I give, in relation to Count * are:   Are you sure that

(1)    D** showed C** his penis?   and

(2)    (if he did) that he intended that C** would be caused alarm or distress in doing so?

If the answer to both questions is “yes”, he is guilty.  If the answer to either question is “no”, he is not guilty. 

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