Liabilities

Question 1

Sexual Violation By Rape

Answer 1

Section 128(1)(a) Crimes Act 1961

• A person
• Rapes
• Another person

years maximum imprisonment

Question 2

Sexual Violation By Unlawful Sexual Connection

Answer 2

Section 128(1)(b) Crimes Act 1961

• A person
• Has unlawful sexual connection
• With another person

years maximum imprisonment

Question 3

Attempted Sexual Violation

Answer 3

Section 129 (1)

• A person
• Attempts
• To have unlawful sexual connection
• With another person

10 years maximum imprisonment

Question 4

Assault with intent to commit sexual violation

Answer 4

Section 129 (2) Crimes Act 1961

• A person
• Assaults
• Another person
• With intent to commit sexual violation of the other person

10 years maximum imprisonment

Question 5

Sexual Conduct With A Child Under 12

Answer 5

Section 132 Crimes Act 1962

• A person
  (1) Has sexual connection with a child; or
  (2) Attempts to have sexual connection with a child; or
  (3) Does an indecent act on a child (R v Court, R v Dunn)
  (R v Forrest and Forrest)

years maximum imprisonment

Relevant C/L:

Question 6

Sexual Conduct With A Young Person

Answer 6

Section 134 Crimes Act 1961

• A person
  (1) Has sexual connection with a young person; or
  (2) Attempts to have sexual connection with a young person; or
  (3) Does an indecent act on a young person

years maximum imprisonment

Relevant C/L:

Question 7

Indecent Assualt

Answer 7

Section 135 Crimes Act 1961

• A person
• Indecently assaults
• Another person

years maximum imprisonment

Relevant C/L:
- R v Leeson

Question 8

Sexual Conduct With a Dependent Family Member

Answer 8

Section 131 Crimes Act 1961

(1) Every one is liable to imprisonment for a term not exceeding 7 years who has sexual connection with a dependent family member under the age of 18 years.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who attempts to have sexual connection with a dependent family member under the age of 18 years.

(3) Every one is liable to imprisonment for a term not exceeding 3 years, who does an indecent act on a dependent family member under the age of 18 years.

(4) The dependent party can not be charged as a party to the offence.

(5) It is not a defence to a charge under this section that the dependent family member consented.

Question 9

Incest

Answer 9

Section 130 Crimes Act 1961

(1) Sexual connection is incest if -

(a) it is between 2 people whose relationship is that of a parent and child, siblings, half-siblings, or grandparent and grandchildren; and

(b) the person charged knows of the relationship

Question 10

Meeting A Young Person For Sexual Grooming

Answer 10

Section 131 B Crimes Act 1961

(1) Every person is liable to imprisonment for a term not exceeding 7 years if,—

(a) having met or communicated with a person under the age of 16 years (the young person) on an earlier occasion, he or she takes one of the following
actions:

(i) intentionally meets the young person:
(ii) travels with the intention of meeting the young person:
(iii) arranges for or persuades the young person to travel with the intention of
meeting him or her; and

(b) at the time of taking the action, he or she intends—
(i) to take in respect of the young person an action that, if taken in
New Zealand, would be an offence against this Part, or against any of paragraphs (a)(i), (d)(i), (e)(i), (f)(i), of section 98AA(1); or
(ii) that the young person should do on him or her an act the doing of which would, if he or she permitted it to be done in New Zealand, be an offence against this Part on his or her part.

Question 11

Sexual Exploitation Of A Person With Significant Impairment

Answer 11

Section 138 Crimes Act 1961

(1) Every one is liable to imprisonment for a term not exceeding 10 years who has exploitative sexual connection with a person with a significant impairment.

(2) Every one is liable to imprisonment for a term not exceeding 10 years who attempts to have exploitative sexual connection with a person with a significant impairment.

(3) For the purposes of subsections (1) and (2), a person has exploitative sexual connection with a person with a significant impairment (the “impaired person”) if he or she—
(a) has sexual connection with the impaired person knowing that the impaired
person is a person with a significant impairment; and
(b) has obtained the impaired person’s acquiescence in, submission to, participation
in, or undertaking of the connection by taking advantage of the impairment.

(4) Every one is liable to imprisonment for a term not exceeding 5 years who exploitatively does an indecent act on a person with a significant impairment.