Liability 131(1)

Question 1

Sexual Conduct with Dependant Family Member

Section and Penalty

Answer 1

Section 131(1) Crimes Act 1961

7 Years Imprisonment

Question 2

Sexual Conduct with Dependant Family Member

Ingredients

Answer 2

.1 Everyone

.2 Has sexual connection

.3 With a dependant family member under 18 years

Question 3

.1 Everyone

Answer 3

Gender neutral proven by judicial notice and circumstantial evidence.

Question 4

.2 Has sexual connection

Answer 4

Sexual Connection:

(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 an a part of another person’s genitalia or anus; or

(c) the continuation of connection of a kind described in paragraph (a) or (b).
Sec. 2, Crimes Act 1961

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Penetration:
Introduction and penetration have the same meaning. Introduction to the slightest degree is enough to effect a connection.
Sec 2(1A), Crimes Act 1961

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Proof of penetration:

• the complainant’s evidence
• medical examination (DNA & Injuries)
• accused’s admissions

_____

Genitalia comprises the interior and exterior of reproduction organs, vulva, labia and vagina (including opening)
R v Koroheke

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Genitalia:
Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia. Whether person is male, female, indeterminate sex.
Sec. 2, Crimes Act 1961

Question 5

.3 With a dependant family member under 18 years

Answer 5

Dependant family member:

Person has power or authority over him or her:
- Parent, step parent, foster parent, guardian, uncle or aunt.
Sec. 131A(1)(a), Crimes Act 1961

OR

Person is responsible for, or significant role in his or her care or upbringing:
- Members of the same family, whanau, culturally recognised groups.
Sec 131A(1)(b), Crimes Act 1961

OR

Person has power or authority over him or her and is responsible for, or significant role in his or her care or upbringing:
- Living with other person as a member of the other person’s family.
Sec 131A(1)(c), Crimes Act 1961

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Proving Age:
Best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.
R v Forrest and Forrest

In practice, this generally involving producing the victim’s birth certificate along with independent witness.