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Sexual Offences 2023 > Legislation > Flashcards

Legislation Flashcards

1
Q

Sexual violation - rape

A

128(1)(a) Crimes Act 1961
A person
Rapes
Another person

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2
Q

Sexual violation - Unlawful Sexual connection

A

128(1)(b) Crimes Act 1961
A person
Has unlawful sexual connection with
Another person

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3
Q

Sexual violation 128(2)

A

128(2) Crimes Act 1961
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 consented to the connection.

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4
Q

Sexual violation 128(3)

A

128(3) Crimes Act 1961
Person A has unlawful sexual connection with person B, if person A has sexual connection with person B,
a) without person B’s consent to the connection, AND,
b) without believing on reasonable grounds that person B consents to the connection.

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5
Q

Sexual violation 128(4)

A

128(4) Crimes Act 1961
One person may be convicted of the sexual violation of another person at the time when they were married to each other.

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6
Q

No presumption of age

A

Section 127 Crimes Act 1961
There is no presumption of law that a person is incapable of sexual connection because of his or her age.

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7
Q

Allowing sexual activity does not amount to consent in some circumstances.

A

128A Crimes Act 1961

CONSENT CANNOT BE OBTAINED UNDER THE FOLLOWING:
(FAAILMM)
Force or Fear of the application of force.
Alcohol or drugs.
Asleep or unconscious.
Intellectual, mental or physical condition or impairment.
Lack of resistance or protest.
Mistaken identity.
Mistaken about its nature and quality.

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8
Q

Sexual violation 128B

A

128B Crimes Act 1961

(1) everyone who commits sexual violation - 20yrs imprisonment.
(2) A person convicted of sexual violation must be sentenced to imprisonment unless, having regard to the matters stated in subsection (3), the court thinks that the person should not be sentenced to imprisonment.
(3) The matters are -
(a) the particular circumstances of the person convicted; and,
(b) the particular circumstances of the offence, including the nature of the conduct constituting it.

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9
Q

129 Crimes Act 1961
Attempted What????

A

129 Crimes Act 1961

1) Attempt to commit sexual violation - 10yrs imprisonment.

2) Assault, with intent to commit sexual violation - 10yrs imprisonment.

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10
Q

Attempted sexual violation

A

129(1) Crimes Act 1961

(a)
A person
Attempts to rape
Another person

(b)
A person
Attempts unlawful sexual connection
With another person

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11
Q

Assault with intent to commit sexual violation

A

129(2) Crimes Act 1961
A person
Assaults
Another person
With intent to commit sexual violation of the other person.

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12
Q

Sexual conduct with a child under 12yrs

A

132 Crimes Act 1961

A person
(1) Has sexual connection with a child
(2) Attempts to have sexual connection with a child
(3) Does an indecent act on a child
(4) Not a defence to a charge under this section if the offender believed that the child was of or over 12yrs.
(5) Not a defence to a charge under this section if child consented.

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13
Q

Sexual conduct with a young person under 16

A

134 Crimes Act 1961
A person
(1) Has sexual connection with a young person
(2) Attempts to have sexual connection with a young person
(3) Does an indecent act on a young person
(4) No person can be convicted of a charge under this section if they are married to the young person at the time of the act.
(5) The young person cannot be charged with parties to the act if the offender is of or over 16yrs.

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14
Q

Attempts sexual connection with a child

A

132(2) Crimes Act 1961
A person
Attempts to have
Sexual connection
with a child

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15
Q

Attempts sexual connection with a young person

A

134(2) Crimes Act 1961
A person
Attempts to have
Sexual connection
with a young person

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16
Q

Defence to a charge of sexual conduct with a young person

A

134A (1) Crimes Act 1961
Defendant to prove that,
- before the act, they took reasonable steps to find out the victims’ age, AND
- at the time of the act, defendant beleived on reasonable grounds they were at or over 16yrs, AND,
- young person consented.

17
Q

Indecent Assault

A

135 Crimes Act 1961
A person
Indecency Assaults
Another person

18
Q

Sexual conduct with consent induced by certain threats

A

129A Crimes Act 1961
(1) Anyone who has sexual connection with another person, knowing that person has been induced to consent to the connection by threat.
(2) Anyone that does an indecent act on another person knowing that person has been induced to consent to the act by threat.
(3) Section (1) sexual connection, knowing that the person was induced to consent by threats outlined in subsection (5)
(4) Section (2) indecent act, knowing that the person was induced by certain threats outlined in subsection (5) and whether he/she does act on or with him, or on him/herself.
(5) Kind of threats are:
(a) A threat that the offender, or someone else will commit an offence that -
i) is an imprisonable offence, BUT
ii) does not involve force or threats of force, or,
(b) A threat that offender will make an accusation or disclosure about misconduct by any person, likely to seriously damage the reputation of the victim, or,
(c) a threat that the offender will make improper use, to the detriment of victim, of a power or authority arising out of -
i) an occupation or vocational position held by offender, or
ii) a commercial relationship between victim or offender.

19
Q

Incest

A

130(1) Crimes act 1961
Sexual connection is incest if -
(a) It is between two people whose relationship is that of a parent and child, siblings, half-siblings, or grandparent and grandchild; AND
(b) The offender knows of the relationship.

20
Q

Sexual conduct with a dependant family member.

A

131 Crimes Act 1961
(1) Has sexual connection with DFM under 18yrs
(2) Attempts to have sexual connection with DFM under 18yrs
(3) Does an indecent act of DFM under 18yrs
(4) DFM cannot be charged with parties to
(5) No defence to this charge if DFM consents

21
Q

Dependant family member defined

A

131A Crimes Act 1961
(1) one person is a DFM of another -
(a) if the person has power and control over them, and is -
i) his/her parent, step parent, foster parent, guardian, aunty or uncle; OR
ii) a parent, step-parent, foster parent of a person described in i) OR
iii) a child of his or her parent or step-parent OR
iv) the spouse or de facto partner of a person described in i), ii) or iii) OR
(b) if they are members of the same family, whanau, or other culturally recognized family group, and the other person -
i) is not a person referred to in paragraph (a); BUT
ii) has a responsibility for, or significant role in, his her care, OR
(c) if he/she is living with the other person as a member of the other persons family, and the other person is not referred to in paragraph (a) but has
i) power and control over him/her; AND
ii) a responsibility for, or significant role in their upbringing.

22
Q

Meeting young person following sexual grooming

A

131B Crimes Act 1961
1) Everyone is liable if,
a) having meet or communicated with the young person on earlier occasion, he/she takes one of the following actions,
i) intentionally meets the young person,
ii) travels with the intentions of meeting the young person,
iii) arranges or persuades the young person to travel with the intention of meeting him/her, AND
b) at the time of taking the action he/she intends -
i) to take in respect of the young person, an action that, if taken in NZ would be a offence against this part, or against any of the paragraphs (a)(i), (d)(i), (e)(i), (f)(i) of section 98AA, OR
ii) that young person should do on him/her, an act that if permitted in NZ would be an offence against this part.

23
Q

98AA Crimes Act 1961

A

Dealing in people <18yrs for sexual exploitation, removal of body parts, or engagement in forced labour.
1) Any person,
a) sells, buys, transfers, barters, rents, hires, or any other way enters into a deal involving <18 for purpose of -
i) the sexual exploitation of the person.
d) detains, confines, imprisons, or carries away <18 for purpose of -
i) the sexual exploitation of the person.
e) removes, receives, transports, imports, or brings into any place, any <18 for purpose of -
i) the sexual exploitation of the person.
f) induces a person <18 to sell, rent, or give, him/herself for purposes of -
i) the sexual exploitation of the person.

24
Q

Meeting person following sexual grooming 131B (1A) Crimes Act 1961

A

A reference in this section to a young person under the age of 16yrs, includes a person under 16, or any Constable who pretends to be a young person < 16, if the offender believes the fictitious person was a young person, < 16.

25
Q

Defence to meeting a young person following sexual grooming.

A

131B (2) Crimes Act 1961
Defence if a person proves that -
a) before the time he/she took actions concerned, he/she took reasonable steps to find out whether the young person was of or over the age of 16yrs, AND
b) At the time, he/she believed on reasonable grounds that person was over 16yrs.

26
Q

Sexual exploitation of person with significant impairment.
138(1) 138(2) 138(3)

A

138 Crimes Act 1961
(1) Everyone is liable 10yrs who, has exploitative sexual connection with a person with significant impairment.
(2) Everyone is liable 10yrs who, attempts to have exploitative sexual connection with a person with significant impairment.
(3) For purposes of (1)&(2) a person has exploitative sexual connection with the impaired person if -
(a) has sexual connection with the impaired person knowing that this person is significantly impaired, AND
(b) has obtained the impaired persons acquiescence in, submission to, participation in or undertaking of the connection by taking advantage of the impairment.

27
Q

Sexual exploitation of person with significant impairment.
138(4) 138(5)

A

138 Crimes Act 1961
(4) Everyone is liable 5yrs who exploitatively does an indecent act on a person with significant impairment.
(5) For purposes of (4) a person exploitatively does an indecent act on a person with a significant impairment if -
(a) does an indecent act on the impaired person knowing that this person is significantly impaired, AND
(b) has obtained the impaired persons acquiescence in, submission to, participation in, or undertaking of doing the act by taking advantage of the impairment.

28
Q

Sexual exploitation of person with significant impairment 138(6)

A

138(6) Crimes Act 1961
Significant Impairement is an intellectual, mental, or physical condition or impairment (or combination of two or more) that affects a person to such an extent that it significantly impaired the persons capacity -
a) to understand the nature of sexual conduct, OR
b) to understand the nature of decisions about sexual conduct, OR
c) to foresee the consequences of decisions about sexual conduct, OR
d) to communicate decisions about sexual conduct

29
Q

Compelling indecent act with animal

A

142A Crimes Act 1961
1) Everyone is liable for 14yrs who compels any other person, by the actual or threats of force, to them or another, to perform or to submit to, or acquiesce in, any act of indecency with an animal, whether or not involving penetration.

30
Q

Bestiality

A

143 Crimes Act 1961
(1) Everyone is liable to 7yrs who commits beastiality
(2) Complete upon penetration

31
Q

Indecency with Animal

A

144 Crimes Act 1961
Everyone is liable 3yrs who commits any act of indecency with an animal.

32
Q

Sexual conduct with children & young people outside of NZ

A

144A Crimes Act 1961
(1) Everyone who, being a NZ citizen, or resident in NZ,
a) does, outside of NZ, with or on a child <12, an act to which (2) applies, OR
b) does, outside of NZ, with or on a young person <16, an act to which (3) applies, OR
c) does, outside of NZ, with or on a person <18, an act to which (4) applies.

(2) This subsection applies to an act that, if done in NZ, would be an offence against -
a) Section 132(1) - sexual connection child <12, OR
b) Section 132(2) - attempted sexual connection child <12, OR
c) Section 132(3) - indecent assault of child <12

(3) This subsection applies to an act that, if done in NZ, would be an offence against -
a) Section 132(1) - sexual connection young person <16, OR
b) Section 132(2) - attempted sexual connection young person <16, OR
c) Section 132(3) - indecent assault of young person <16

(4) This subsection applies to an act that, if done in NZ, would be an offence against Section 23(1) of the Prostitution Reform Act 2003
(Breach of prohibitions on use in prostitution of person <18)

(5) A person who commits any of the above offences is liable to what that penalty is, if convicted of that offence.

33
Q

Consent of Attorney-General required

A

144B Crimes Act 1961
(1) No charging document may be filed for an offence for 144A of this act except with the consent of the Attorney-General.
(2) A person who has alleged to commit this offence may be arrested, have WTA issued and executed, may be remanded in custody or on bail, if consent has not yet been obtained, but no further proceedings can be taken until consent obtained.
(3) Attorney-General may, before deciding to consent to charge or not, make such inquiries they seem fit.

34
Q

Prohibition on making an intimate visual recording

A

216H Crimes Act 1961
Everyone is liable to 3yrs who intentionally or recklessly makes an intimate visual recording of another person.
Must come within the definition in 216G.

35
Q

Intimate visual recording (I.V.R)

A

216G Crimes Act 1961
(1) I.V.R means a visual recording, video, photo, made in any medium using any device, without knowledge or consent of the person -
a) A person in a public place reasonably expected to privacy and that person is -
i) naked, genitals, buttocks, female breasts,exposed or partially exposed, or
ii) engaging in intimate sexual activity, or
iii) showering, toileting, dressing or undressing, or
b) a person’s naked or undergarment-clad genitals, pubic area, buttocks or female breasts
i) from beneath or under a person’s clothing, or
ii) through outer clothing in circumstances where it is unreasonable to do so.

(2) In 216H I.V.R includes a recording that is made & transmitted in real time without retention or storage, in -
a) physical form, or,
b) electronic form that is capable of being reproduced with or without the aid of any device or thing.

36
Q

Assault on a child

A

194(a) Crimes Act 1961
Any person
Assaults
Any child under 14yrs

37
Q

Parental Control

A

59(4) Crimes Act 1961
Police have discretion not to prosecute complaints involving use of force against a child, where it is considered to be so inconsequential that there is no public interest in proceeding with a prosecution.

38
Q

Ill-treatment or neglect of child or vulnerable adult

A

195 Crimes Act 1961
(1) Everyone described in (2) intentionally engages in conduct that is likely to cause suffering, injury, adverse effects to health, mental disorder, or disability, to a child or vulnerable adult, if the conduct engaged in is a major departure from the standard of care to be expected from a reasonable person.
(2) The persons are-
a) A person who had actual care or charge of the victim, or,
b) a person who is a staff member of any hospital, institution, or residence where the victim resides.
(3) For the purpose of 195 and 195A a child is under 18yrs old.

39
Q

Failure to protect child or vulnerable adult

A

195A Crimes Act 1961
(1) Everyone described in (2) that has frequent contact with the child or vulnerable adult, AND,
a) knows that the victim is at risk of death, GBH, or sexual assault as the result of
i) an unlawful act by another person, or
ii) an omission by another person to discharge or perform a legal duty if the omission is a major departure from the standard care expected of a reasonable person.
b) fails to take reasonable steps to protect that victim from the risk.
(2) The persons are
a) A member of the same household as the victim, or
b) A person who is a staff member of any hospital, institution, or residence where the victim resides.
(3) A person may not be charged for this offence if they were under the age of 18yrs at the time of the act.

Sexual Offences 2023 (4 decks)

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