131 SEXUAL CONDUCT WITH A DEPENDENT FAMILY MEMBER Flashcards
Sexual Conduct with a Dependent Family Member
(ASPE)
131(1) Sexual Conduct with a Dependent Family Member
7 Years
A person
Has sexual connection
With a dependent family member
Under the age of 18
131 Sexual Conduct with a Dependent Family Member
What section defines the relationship and what does it say?
Section 131A
The definition for family member is very broad.
It can include foster parents and guardians. And even those people’s family members.
It can include people living together where there is a significant role in their upbringing, care, or a situation of power and authority.
131 Sexual Conduct with a Dependent Family Member
What age must the victim be under?
18
131 Sexual Conduct with a Dependent Family Member
What role does consent play in this offence?
There must be some degree of consent, otherwise the offence would be 128 Sexual Violation.
But, consent is not a defence to the charge. Section 131(5).