Showing sexually explicit images to a child while in the child's physical presence is capable of constituting an indecent act 'in the presence of' the child under s 47 of the Crimes Act 1958 (Vic), distinguishable from cases where images are sent electronically without the offender being present. Sexual gratification is not a necessary element of the offence; the act is indecent if viewed objectively it has a sexual connotation offending community standards. Objections to leading questions should be applied with caution in the context of VATE investigations with child complainants.
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