Other Sexual Offences

Question 1

Sexual conduct by coercion - Section 129A

Answer 1

This section creates an offence of inducing someone to commit sexual connection in response to an implied or explicit threat that does not involve force or blackmail

Question 2

** EXAM ** - Meeting young person following sexual grooming

Answer 2

Section 131B (1) - CA 1961

(a) having met or communicated with a person under the age of 16 years 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

Question 3

What must the person intend at the time of taking the action?

Answer 3

Section 131B (1)(b) - CA 1961

• to take, in respect of the YP, an action that if taken in NZ would be an offence against this part or
• that the YP should do on him or her an act, the doing of which would, if he or she permitted it to be done in NZ, be an offence against this part on his or her part.

Question 4

** EXAM ** - Defence to meeting a young person following grooming

Answer 4

Section 131B (2) - CA 1961

(a) before the time he/she took the action concerned, he/she had taken reasonable steps to find out whether the YP was of or over the age of 16 years and
(b) at the time he/she took the action concerned, he/she believed on reasonable grounds that the YP was of or over the age of 16 years.

Question 5

When is the offence complete?

Answer 5

• parties meet or
• defendant travels or
  makes arrangements
• to meet the complainant with the relevant intent

Question 6

Proving the charge where young person is fictitious

Answer 6

The prosecution must prove the offender (when taking any of the actions) believed the fictitious young person was a young person under the age of 16 years.

Question 7

** EXAM ** - Sexual exploitation of significantly impaired person - legislation *

Answer 7

Section 138 - CA 1961

Everyone who

(1) has exploitative sexual connection
(2) attempts to have exploitative sexual connection
(4) exploitatively does an indecent act

with/on a person with a significant impairment

Question 8

** EXAM ** - A person has exploitative sexual connection with a person with a significant impairment if he or she… ? *

Answer 8

Section 138(3) and (5) Crimes Act 1961

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.

Question 9

What is a significant impairment and what are the affects

Answer 9

Section 138 (6) CA 1961

An intellectual, mental or physical condition or impairment or a combination of 2 or more.

Affects a person to such an extent that it significantly impairs the persons capacity to:

• understand the nature of sexual conduct; or
• understand the nature of decisions about sexual conduct; or
• foresee the consequences of decisions about sexual conduct; or
• communicate decisions about sexual conduct

Question 10

Compelling indecent act with animal

Answer 10

Section 142A - CA 1961

Everyone who 
compels any other person 
by the actual or threatened application of force 
to that other person 
to perform or submit to or acquiesce in 
any act of indecency with an animal 
whether or not involving penetration

Question 11

Bestiality legislation and when is the offence complete?

Answer 11

Beastiality
Section 143 - CA 1961 - 7 years imprisonment

(1) everyone who commits bestiality
(2) the offence is complete upon penetration

Question 12

Indecency with animal

Answer 12

Section 144 - CA 1961 - 3 years imprisonment

everyone who
commits an act of indecency
with an animal

Question 13

** EXAM ** - Sexual conduct with children and young people outside New Zealand

Answer 13

Section 144A - CA 1961

This section allows for the prosecution of a NZ citizen who commits an offence under sections 132, 134 CA 1961 and 23(1) Prostitutions Reform Act pursuant to this section if the act was committed outside of New Zealand.

Question 14

** EXAM ** - Consent of Attorney General

Answer 14

Section 144B - CA 1961

No charging document may be filed for an offence against section 144A of this Act except with the consent of the Attorney-General.

Question 15

Organising child sex tours

Answer 15

Section 144C - Crimes Act 1961 - 7 years imprisonment

Covers offending where the defendant on behalf of someone else:

• organises or promotes child sex tours or
• transports another person outside of NZ or
• prints or publishes any information

with the intention or facilitating the commission of offences under Section 144A whether or not its actually committed by the other person

Question 16

Examples of making or organising travel arrangements for child sex tours

Answer 16

• Purchase or reservation of tickets for travel to a country outside New Zealand
• Purchase or reservation of accommodation in a country outside New Zealand
• Publication or distribution of info whether written, electronic, or other form of communication

Question 17

Prohibition on making intimate visual recording

Answer 17

Section 216H - CA 1961

everyone who
intentionally or recklessly
makes an intimate visual recording
of another person

Question 18

What is required to be proved?

Answer 18

• made a recording which requires absence of consent

- intends to make such a recording or have been reckless as to every element

Question 19

Intimate visual recording defined

Answer 19

• visual recording whether photo/videotape/ digital image
• made using any device
• without knowledge or consent
• in a place which circumstances would reasonable expect to provide privacy
• that person is naked, private areas exposed or partially , engaging in intimate sexual activity or showering/toileting etc.