Definitions

Question 1

Assault

Answer 1

the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by an act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has the present ability to effect his purpose

Question 2

Genitalia

Answer 2

Include the penis and testicles of a male, and the vulva and vagina of a female.

The wider statutory definition also includes surgically constructed or reconstructed genitalia to allow for offences involving trans-gender individuals

Question 3

Sexual Connection

Answer 3

Sexual Connection means -

(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of -
(i) a part of the body of another person ; or
(ii) an object held or manipulated by another person

(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus
(c) the continuation of a kind described in paragraph (a) or (b)

Question 4

Consent

Answer 4

is a person’s conscious and voluntary agreement to something desired or proposed by another.

Question 5

Incest

Answer 5

Sexual connection between 2 people whose relationship is that of parent and child, siblings, half-siblings or grandparents and grandchild; and the person charged knows of the relationship

Question 6

Dependent Family Member

Answer 6

A person is a dependent family member of another person:
- if the other person has power or authority over him or her, and is:
- his or her parent, step-parent, foster parent, guardian, uncle or aunt; or
- a parent, step-parent or foster parent of a person described in the above subparagraph; or
- a child of his or her parent or step-parent; or
- the spouse or defacto partner of the person described in any of the subparagraphs above;
OR
- if they are members of the same family, whanau, or other culturally recognised family group and the other person:
- is not a person referred to in all the bullet paragraphs above; but
- has a responsibility for or significant role in his or her care or upbringing;
OR
- If he or she is living with the other person as a member of the other person’s family and the other person is not a person referred to in the first of the two main bullet points but has:
- power or authority over him or her; and
- a responsibility for, or significant role in his or her care or upbringing

Question 7

Indecent

Answer 7

‘Whether the conduct offended against a reasonable and recognised standard of decency which ordinary and reasonable member of the community ought to impose and observe in this day and age on entertainment of this sort of a public nature’ R v Dunn

Question 8

Intimate Visual Recording

Answer 8

Intimate visual recording that is made in any medium using any device without the knowledge or consent of the subject.

A person who is in a place in circumstances that would reasonably be expected to provide privacy

Question 9

Sexual Exploitation

Answer 9

in relation to a person includes the following acts:

• the taking of or transmission of still or moving images of the person engaged in explicit sexual activities
• The taking of or transmission , for material benefit, of still or moving images of person genitalia, anus or breasts (not for cultural or artistic display or in connection with medical / health education)
• the persons participation in a performance or display(not for cultural or artistic) that
  (i) is undertaken for material benefit; and
  (ii) involves the exposure of the person’s genitalia, anus or breasts;
• the person undertaking of an activity that;
  (i) is undertaken for a material benefit ; and
  (ii) involves the exposure of the person’s genitalia, anus or breasts

Question 10

Significant Impairment

Answer 10

is an intellectual, mental or physical condition or impairment (or combination of 2 or more) that affects a person to such an extent that it significantly impairs the person’s capacity:

• to understand the nature of the sexual conduct; or
• to understand the nature of decisions about sexual conduct; or
• to foresee the consequences of decisions about sexual conduct; or
• to communicate decisions about sexual conduct