Other Sexual Offences Flashcards
Sexual conduct by coercion legislation
Section 129(a) CA 1961
(1) everyone who has sexual connection with another person knowing that the other person has been induced to consent to the threat
(2) everyone who does an indecent act on another person knowing that the other person has been induced to consent to the act by threat
Incest legislation
Section 130 CA 1961
(1) sexual connection is incest if -
(a) it is between 2 people whose relationship is that of a parent and child, siblings, half-siblings, or grandchild and grandparent, and-
(b) the person charged knows of the relationship.
Consent for incest
Consent is no defense to a charge under section 130 CA.
The sexual connection is incest if carried out with the consent of both parties. If not, then a charge of sexual violation is appropriate.
Adoption and incest
If a child is adopted, both the birth parents and adoptive parents are considered as parents for the offence of incest.
Step parent and step child
Not a ‘parent and child’ relationship defined under section 130.
More appropriate charge would be sexual conduct with a dependant family member. or sexual violation.
Knowledge if relationships for incest
It is essential that each person charged knew of their relationship before or at the time of the sexual connection. Onus is on the crown to prove.
Sexual conduct with a dependant family member legislation
Section 131 CA
(everyone is liable to a term of imprisonment not exceeding …
(1) … 7 years who has sexual connection with a dependant family member under the age of 18 years
(2) … 7 years who attempts to have sexual connection with a dependant family member under the age of 18 years
(3) … 3 years who does an indecent act on a dependant family member under the age of 18 years.
CA section 131(4) and 131(5)?
- the dependant family member cannot be charged as a party to the offence
- it is not a defense to a charge under this section that the dependant family member consented.
Dependant family member defined
s131A CA
one person is a dependant family member of another person - if the other person has power or authority over him or her, and is -
- his or her parent, step-parent, foster parent, guardian, uncle, or aunt
- members of the same family, whanau, or other culturally recognised family group
Meeting a young person following grooming legislation
s131B CA 1961
(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 on an earlier occasion, he or she takes one of the following actions:
(i) intentionally meets the young person
(ii) travels with the intention fo meeting the young person
(iii) arranges or persuades the young person to travel with the intention of meeting him or her; and
(b) at the time of the action he or she intends to take in respect of the young person an act that would be an offence against this part
Defense to a charge under section 131B
If the person charged proves that -
(a) before the time her 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.
When is the offence of grooming complete?
When the parties meet, or the defendant travels or makes arrangements to meet the complainant with the relevant intent.
To be intentional the meeting need only be “purposely arranged”.
Sexual exploitation of a significantly impaired person legislation
s138 CA 1961
(everyone is liable to a term not exceeding 10 years who)
(1) has exploitative sexual connection with a person with a significant impairment
(2) attempts to have exploitative sexual connection with a person with a significant impairment
Compelling indecent act with animal legislation
s142A CA 1961
(1) everyone is liable to imprisonment for a term not exceeding 14 years who compels any other person, by the actual or threatened implication of force to that person or some other person, to perform, or submit or acquiesce in, any act of indecency with an animal, whether or not involving penetration.
Bestiality legislation
s143 CA 1961
Everyone is liable to imprisonment for a term not exceeding 7 years who commits bestiality
this offence is complete upon penetration
