OTHER SEX Offences Flashcards
Sexual Conduct with consent induced by certain threats:
S129A CA 1961:
Sexual conduct with consent induced by certain threats
(1)
Every one who has sexual connection with another person knowing that the other person has been induced to consent to the connection by threat is liable to imprisonment for a term not exceeding 14 years.
(2)
Every one who does an indecent act on another person knowing that the other person has been induced to consent to the act by threat is liable to imprisonment for a term not exceeding 5 years.
(3)
For the purposes of subsection (1), a person who has sexual connection with another person knows that the other person has been induced to consent to the sexual connection by threat if (and only if) he or she knows that the other person has been induced to consent to the sexual connection by an express or implied threat of a kind described in subsection (5).
(4)
For the purposes of subsection (2),—
(a)
a person who does an indecent act on another person knows that the other person has been induced to consent to the act by threat if (and only if) he or she knows that the other person has been induced to consent to the act by an express or implied threat of a kind described in subsection (5); and
(b)
a person is induced to consent to an indecent act whether—
(i)
he or she is induced to consent to the doing of an indecent act with or on him or her; or
(ii)
he or she is induced to consent to do an indecent act himself or herself.
(5)
The kinds of threat referred to in subsections (3) and (4)(a) are—
(a)
a threat that the person making the threat or some other person will commit an offence that—
(i)
is punishable by imprisonment; but
(ii)
does not involve the actual or threatened application of force to any person; and
(b)
a threat that the person making the threat or some other person will make an accusation or disclosure (whether true or false) about misconduct by any person (whether living or dead) that is likely to damage seriously the reputation of the person against or about whom the accusation or disclosure is made; and
(c)
a threat that the person making the threat will make improper use, to the detriment of the person consenting, of a power or authority arising out of—
(i)
an occupational or vocational position held by the person making the threat; or
(ii)
a commercial relationship existing between the person making the threat and the person consenting.
Attempts
72 Attempts
(1)
Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his or her object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
(2)
The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.
(3)
An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.
Incest
130 Incest
(1)
Sexual connection is incest if—
(a)
it is between 2 people whose relationship is that of parent and child, siblings, half-siblings, or grandparent and grandchild; and
(b)
the person charged knows of the relationship.
(2)
Every one of or over the age of 16 years who commits incest is liable to imprisonment for a term not exceeding 10 years.
Sexual conduct with dependent family member
131 Sexual conduct with dependent family member
(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 family member cannot 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.
Meeting YP Following Grooming
131B Meeting young person following sexual grooming, etc
(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.
(1A)
A reference in this section to a young person under the age of 16 years or the young person includes a reference to a constable who pretends to be a young person under the age of 16 years (the fictitious young person) if the offender, when taking any of the actions described in subsection (1), believed that the fictitious young person was a young person under the age of 16 years.
(2)
It is a defence to a charge under subsection (1) if the person charged proves that,—
(a)
before the time he or she took the action concerned, he or she had taken reasonable steps to find out whether the young person was of or over the age of 16 years; and
(b)
at the time he or she took the action concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years.
Sexual exploitation of person with significant impairment
138 Sexual exploitation of person with significant impairment
(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.
(5)
For the purposes of subsection (4), a person exploitatively does an indecent act on a person with a significant impairment (the impaired person) if he or she—
(a)
does an indecent act on 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 doing of the act by taking advantage of the impairment.
(6)
For the purposes of this section, a significant impairment is an intellectual, mental, or physical condition or impairment (or a combination of 2 or more intellectual, mental, or physical conditions or impairments) that affects a person to such an extent that it significantly impairs the person’s 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.
