Definitions

Question 1

Rape

Answer 1

Person A rapes Person B if Person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis-

(a) Without Person B’s Consent to the connection and
(b) Without believing on reasonable grounds that person B consents to the connection.

Question 2

Sexual Connection

Answer 2

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

Question 3

Penetration

Answer 3

Section 2, Crime Act 1961
Interpretation
For the purposes of paragraph (a) of the definition in subsection (1) of “sexual connection”, introduction to the slightest degree is enough to effect a connection.

Question 4

Genitalia

Answer 4

Section 2, Crimes Act 1961
Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female or of indeterminate sex).

Question 5

Penis

Answer 5

Section 2, Crimes Act 1961
Penis Includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male, female, or of indeterminate sex)

Question 6

Consent

Answer 6

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

Question 7

Invalid Consent

Answer 7

Section 128A, Crimes Act 1961

(1) A person does not consent just because he or she does not protest or offer physical resistance to the activity

(2) A person does not consent to sexual activity if he or she allows the activity because of-
(a) force applied to him or her or some other person; or
(b) the threat of the application of force to him or her or some other person; or
(c) the fear of the application of force to him, or her or some other person

(3) A person does not consent to sexual activity if the activity occurs while he or she is asleep or unconscious.
(4) A person does not consent to sexual activity if the activity occurs while he or she is so affected by alcohol or some other drug that he or she cannot consent or refuse to consent to the activity.
(5) A person does not consent to sexual activity if the activity occurs while affected by an intellectual, mental or physical condition or impairment of such a nature and degree that they cannot consent or refuse consent to the activity.
(6) One person does not consent to sexual activity with another person if he or she allows the sexual activity because they are mistaken about who the other person is.
(7) A person does not consent to an act is they are mistaken about its nature and quality.

Question 8

Person

Answer 8

Gender neutral, proven by judicial notice or circumstantial evidence.

Question 9

Intent

Answer 9

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Deliberate Act:
“Intent” means that act or omission must be done deliberately. The act or omission must be more that involuntary or accidental.

Intent to produce a result:
In this context result means “aim object, or purpose”

Question 10

Assault

Answer 10

Means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly or threatening by 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 11

Child

Answer 11

A person under the age of 12 Years

Question 12

Indecent Act

Answer 12

An ‘Indecent act’ is generally accepted to be an act accompanied by circumstances of indecency

Question 13

Indecency

Answer 13

An act that is “Indecent” has sexual connotations and involves conduct directed at a person that is offensive to public moral values.

Question 14

Young Person

Answer 14

Young Person means a person under the age of 16 years.

Question 15

Step relationships (Incest)

Answer 15

A step-parent and step- child are not “Parent and child” under Section 130. Sexual intercourse between a step parent and step- child may instead come under section 131 (Sexual Conduct with a dependent family member).

Question 16

Dependant Family Member

Answer 16

For the purposes of section 131, one person is a dependant family member of another person-

(a) if the other person has power or authority over him or her and is
(i) his or her parent, step- parent, foster parent, guardian, uncle, aunt
(ii) a parent, step- parent, foster parent of a person described in subparagraph (i)
(iii) a child of his or her parent or step- parent or
(iv) the spouse or de-facto partner of a person described in subparagraph (i) (ii) or (iii)
(b) members of the same family, whanau, or other culturally recognised family group and the other person is not a person referred to above but has a responsibility for, or significant role in, his, or her care or upbringing or
(c) 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 above but has power or authority over him or her and a responsibility or significant role in his or her care or upbringing.

Question 17

Aunt

Answer 17

Includes a half sister of one of the person’s parents

Question 18

Foster Parent

Answer 18

Includes a former foster parent

Question 19

Guardian

Answer 19

Means guardian by virtue of the Guardianship Act 1968 or the Children and Young person and their Families Act 1989 and
Includes a former guardian

Question 20

Step- parent

Answer 20

Includes a former step- parent

Question 21

Uncle

Answer 21

In relation to a person, includes a half- brother of one of the person’s parents

Question 22

Defence to a charge under 134

Answer 22

Section 134A, Crimes Act 1961:

(1) It is a defence to charge under section 134 if the person charged proves that-
(a) before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years and;
(b) at the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years and;
(c) The young person consented.