Offences

Question 1

Section, sub-section and elements for:
Sexual violation by rape

Answer 1

The Crimes Act 1961, Section 128(1)(a)

• A person
• Rapes
• Another person

Question 2

Section, sub-section and elements for:
Sexual violation by unlawful sexual connection

Answer 2

Crimes Act 1961, section 128(1)(b)

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

Question 3

Section, sub-section and elements for:
Assault with intent to commit sexual violation

Answer 3

Crimes Act 1961, Section 129(2)

• A person
• Assaults
• Another person
• With intent to commit sexual violation

Question 4

Section, sub-section and elements for:
Sexual conduct with a child under 12

Answer 4

Crimes Act 1961, Section 132

• A person
  (1) has sexual connection with a child
  (2) Attempts to have a sexual connection with a child
  (3) Does an indecent act on a child

Question 5

Section, sub-section and elements for:
Sexual conduct with a person under 16

Answer 5

Crimes Act 1961, Section 134

• 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

Question 6

Section, sub-section and elements for:
incest

Answer 6

Crimes Act 1961, Section 130(1)

• A person
• Has sexual connection
• With parent and child or siblings, half siblings or grandparents and grandchild
• And the person charged knew of the relationship

Question 7

Section, sub-section and elements for:
Sexual conduct with a dependant family member

Answer 7

Crimes Act 1961, Section 131(1)

• A person
• Has sexual connection
• With a dependant family member
• Under the age of 18

Question 8

Section, sub-section and elements for:
Meeting young person following grooming

Answer 8

Crimes Act 1961, section 131B

• Having met or commicated with a young person under 16
• 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 persuaded the young person to travel with the intention of meeting him or her and
• 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 NZ would be an offence (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 that would be an offence

Question 9

Section, sub-section and elements for:
Sexual exploitation of person with significant impairment

Answer 9

(Not a liability)
section 138
Basically this offence is taking advantage of someone with a significant impairment and getting them to engage in sexual activity.

138(3)
- they must have sexual connection knowing that the impaired person has the impairment
- Has obtained the persons acquiesence in, submission to or participation of sexual connection by taking advantage of it.