Incest - s130(1)

Question 1

Incest
- s130(1) CA 1961
- 10yrs

Answer 1

• A person

• Has sexual connection with

• A Parent / Child / Sibling / Half Sibling / Grandparent / Grandchild

• And the person charged knew of the relationship

Question 2

A person

Answer 2

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 3

Sexual Connection
- s2 CA61

Answer 3

Introduction into the genitalia or anus by part of another’s body, object or mouth. Excludes legit medical exams etc..

Question 4

Introduction / Penetration
- s2 CA61

Answer 4

Introduction to the slightest degree is enough to effect a connection.

Proof by:
• Complainants evidence
• Accused’s admissions
• Medical exam (DNA, injuries.)

Question 5

Consent

Answer 5

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

Question 6

COX (Consent)

Answer 6

Consent must be full, voluntary, free and informed… freely and voluntarily given by a person in a position to form a rational judgement.

Question 7

KOROHEKE (Consent)

Answer 7

Consent freely given, rather than submission to something unwanted or avoidable.

Question 8

With a Parent / Child / Sibling / Half Sibling / Grandparent / Grandchild

Answer 8

RTS - Cover off the nature of the relationship.

Question 9

And the person charged knew of the relationship

Answer 9

FORREST & FORREST -
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.

• This generally involves a birth certificate in conjunction with independent evidence that identifies the complainant as the person named in the certificate.
• Ideally a parent.

Demonstrate the person is over 16.

RTS - How they were aware of the relationship.