Other Sexual Offences

Question 1

Indecent Assault

Answer 1

Section 135 Crimes Act

• A person
• Indecently assaults
• Another person

Question 2

R v Leeson

Answer 2

The definition of ‘indecent assault’ is an assault accompanied with circumstances of indecency

Question 3

What must the prosecution prove in indecent assault cases?

Answer 3

• The defendant intentionally assaulted the complainant
• The circumstances accompanying the assault were indecent
• The defendant intended the conduct that a reasonable person would find indecent

Question 4

If the issue of consent is raised in indecent assault cases what must the prosecution prove (much the same as other sexual offences)?

Answer 4

• The complainant did not consent
• The defendant did not honestly believe the complainant was consenting

Question 5

Can indecent assault be committed accidentally?

Answer 5

No, the defendant must have intended to act indecently

Question 6

Explain the difference in belief in consent between indecent assault and sexual violation

Answer 6

With sexual violation, an honest belief in consent in NOT sufficient unless there are reasonable grounds for the belief.

With indecent assault, an honest belief alone is sufficient even if not reasonable.

Question 7

Section 129A (1)

Answer 7

Sexual conduct with consent induced by certain threats

• Has sexual connection
• With another person
• Knowing that the other person has been induced to consent to the connection by threat

14 years

Question 8

Incest (1)

Answer 8

Section 130 (1)

Sexual connection is incest if

(a) it is between 2 people whose relationship is that of parent and child, siblings, half-siblings, grandparent or grandchild and

(b) the person charged knows of the relationship

Question 9

Age requirement and penalty for incest

Answer 9

Of or over the age of 16 years

10 years

Question 10

Explain consent for incest

Answer 10

Consent is no defence under a charge of incest.

The sexual connection is carried out with consent of both parties. If not then a charge of sexual violation is appropriate.

Question 11

Explain knowledge of relationship with incest and who must prove this

Answer 11

For a charge of incest it is essential that each person charged knew of their relationship before or at the time of sexual connection.

Crown to prove.

Question 12

Section 131

Answer 12

Sexual conduct with dependant family member

(1) Has sexual connection with a dependant family member under the age of 18

(2) Attempts to have sexual connection with a dependant family member under 18

(3) Does an indecent act on a dependant family member under 18

Question 13

For the purpose of Section 131, who is a dependant family member?

Answer 13

Has power or authority over them and is
- parent/step parent
- foster parent
- guardian
- uncle/aunt
- child or spouse of someone above
- culturally recognised family group

Question 14

Explain what is required for the offence of ‘Meeting young person following sexual grooming’

Answer 14

• Met or communicated with YP under 16 on earlier occasion

Takes one of these actions

(i) intentionally meets the YP
(ii) travels with the intention of meeting the YP
(iii) arranges or persuades the YP to travel with the intention of meeting them

With intent to…

• Do an act that would be an offence in NZ

Question 15

Who else is included as a YP under 16 within the offence of ‘Meeting YP following sexual grooming’?

Answer 15

Includes a Constable who pretends to be a young person under the age of 16

Question 16

What is a defence to a charge of ‘Meeting YP following sexual grooming’?

Answer 16

(a) before the time he took the action, he had taken reasonable steps to find out whether the YP was of or over the age of 16

(b) at the time he took the action, he believed on reasonable grounds that the young person was of or over the age of 16

Question 17

Explain the defendants liability for the offence of ‘Meeting YP following sexual grooming’ if the offence was committed online and not in NZ

Answer 17

The section applies in all cases where either the defendant or the complainant is a New Zealand citizen or resident, whether or not the offence occurred in NZ

Question 18

When is the offence of ‘Meeting YP following sexual grooming’ complete?

Answer 18

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

Question 19

With regards to Section 138 what is a significant impairment?

Answer 19

An intellectual, mental or physical condition or a combination of 2 or more above that affects a person to such an extent that it significantly impairs the persons capacity

(a) to understand the nature and (b) nature of decisions of sexual conduct

(c) to foresee the consequences of decisions

(d) to communicate decisions

Question 20

Explain the section which outlines Sexual Conduct with children outside NZ

Answer 20

Section 144A
If a NZ citizen or ordinarily a NZ resident and commits a Sexual offence from 132 or 134 against a child or YP outside of NZ they are liable to the penalty as if committed in NZ

Question 21

What approval do you need for a charge under Section 144A?

Answer 21

Can arrest, remand in custody or on bail or issue warrant

CANNOT file a charging document without the approval of the Attorney-General