Other Sexual Offences Flashcards
Section 129A(1), Crimes Act 1961 Sexual conduct with consent induced by certain threats
129A(1) - 14 years
Everyone who has sexual connection with another person knowing that the other person has been induced to consent to the connection by threat
Section 129A(2), Crimes Act 1961 Sexual conduct with consent induced by certain threats
129A(2) - 5 years
Everyone who does an indecent act on another person knowing that the other person has been induced to consent to the act by threat
Section 129A(3)&(4)
(3) for the purpose 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 if 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
Section 129A(5)
(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; and
(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.
Nature of threat (129A)
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.
Section 130, Crimes Act 1961
Section 130, CA 61
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) Everyone of or over the age of 16 who commits incest liable not exceeding 10 years
Consent - Section 130
Consent is no defence to a charge of under the section. The sexual connection in incest is carried out with the consent of both parties
Crimes Act 1961, Section 131
Offences (1-3
Sexual Conduct with dependent family member
Section 131, Crimes Act 1961
(1) Everyone is liable not exceeding 7 years who has sexual connection with a dependant family member under the age of 18 years.
(2) Everyone is liable not exceeding 7 years who attempts to have sexual connection with a dependant family member under the age of 18 years.
(3) Everyone is liable not exceeding 3 years who does an indecent act on a dependant family member under the age of 18 years.
Section 131, Crimes Act 1961,
4 & 5
(4) the dependant 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 dependant family member consented.
Section 131A, Crimes Act 1961,
Dependant family member defined
(1) For the purposes of section 131, one person is a dependant family member of another person -
(a) if the other person has power or authority over him or her, and is -
(i) his or her parent, step-parent, foster parent guardian uncle or aunt; or
(ii) a parent, step-parent, or foster parent of a person described in subparagraph (i), or
(iii) a child of his or her parent or step-parent; or
(iv) the spouse or de facto partner of a person described in subparagraph (i-iii)
OR
(b) if they are members of the same family, whanau, or other culturally recognised family group, and the other person -
(i) is not a person referred to in paragraph (a); but
(ii) has a responsibility for, or significant role in, his or her care or upbringing; or
(c) if he or she if living with the other person as a member of the other person’s family, and the other person is not a person referred to in paragraph (a), but has -
(i) power or authority over him or her, and
(ii) a responsibility for or significant role in, his or her care or upbringing.
Section 131A(2) Definitions
In subsection (1) - AUNT in relation to a person includes a half-sister of one of the person's parents
FOSTER PARENT includes a former foster parent
GUARDIAN
(a) means guardian by virtue of the guardianship Act 1968 or the children young persons and their familes act 1989, and
(b) includes a former guardian
STEP-PARENT includes a former step parent
UNCLE in relation to a person, includes a half-brother of one of the person’s parents
Section 131B, Crimes Act 1961
Meeting young person following sexual grooming
(1) Everyone is liable 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 NZ 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 done in NZ be an offence against this part on his or her part
Section 131B(2), Crimes Act 1961 Defence
131B(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
(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
Grooming (Section 131B) When offence is 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.
Section 138, Crimes Act 1961
Subsection 1-3 (Connection)
Sexual exploitation of person with significant impairment
(1) Everyone who has exploitative sexual connection with a person with a significant impairment - 10 years
(2) everyone who attempts to have exploitative sexual connection with a person with a significant impairment - 10 years
(3) For the purposes of subsections (1 & 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.
