Other Sexual Offence Definitions Flashcards
Threats used to induce consent
a) a threat that a 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 a 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; and
c) a threat that the person making the threat will make improper use of a power or authority, to the detriment of the person consenting, 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.
NOT APPLICATION OF FORCE.
Relationships in relation to incest - parent and child
Step parent/child are not included (consider dependent family member)
when fostered, biological parents and foster parents are both considered parents. When fostered by one parent their spouse is a step parent.
How does the offence of Meeting YP following sexual grooming relate to New Zealand
Applies in all cases where either the defendant or the complainant is a New Zealand citizen or ordinarily resides in New Zealand, whether or not the offence occurred in New Zealand.
When is the offence of Meeting YP following sexual grooming, complete?
- the parties meet
- defendant travels to meet the complainant
- defendant makes arrangements to travel to meet the complainant, with the meeting need only be ‘purposely arranged’
what does publication of information mean?
publication of information by any means, whether written, electronic, or other form of communication, includes the distribution of information.