OTHER SEXUAL OFFENCES

Question 1

Sexual conduct with consent induced by certain threats:

(1) What section of the Crimes Act is this offence found?
(2) What are the two acts being induced?
(3) What is the Nature of the Threats?

Answer 1

(1)
129A - Sexual conduct with consent induced by certain threats.

(2)
Sexual Connection, and
Indecent Act.

(3)
129A(5) - Essentially, an implied or explicit threat that does not involve force.

Question 2

When is Sexual Connection Incest (What two elements must be fulfilled)?
What is the Act and Section for this offence?

Answer 2

Parent-Child
Siblings
Half-siblings
Grandparent-Grandchild

Section 130(1), Crimes Act 1961
Incest

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.

Question 3

What is the penalty for Incest?
Where in the Crimes Act is the penalty found?
What age must the defendant be of or over for them to be liable?

Answer 3

Section 130(2), Crimes Act 1961
Incest

Every one of or over the age of 16 years who commits incest is liable to imprisonment for a term not exceeding 10 years.

Question 4

Incest:
Is this offence restricted to acts of intercourse or does it also encompass all sexual connection?

Answer 4

All sexual connection.

Question 5

Incest:
(1) Is consent a defence?
(2) Is it assumed that both parties are consenting to the sexual connection?

Answer 5

(1) No. Consent is not a defence to Incest.

(2) Yes. Both parties consented. Otherwise, the appropriate charge would be the more severe offence of Sexual Violation. 20 years vs 10 years.

128 - Sexual Violation - 20 years (128B)

128(1)(b) has unlawful sexual connection with another person.
128(3)(a) without person B’s consent to the connection.

Question 6

Incest:
For adopted children, who does the law consider to be parents when deciding who may be liable for this offence?

(a) The birth parents
(b) The adopted parents
(c) Both

Answer 6

(c) Both.

Question 7

Incest:
If one parent adopts the child, but the other parent merely consents to the adoption, is the consenting parent liable for incest if all other elements are satisfied?

If not, what is the appropriate offence?

Answer 7

No. That parent is not an adopted parent for the purpose of this offence.

The appropriate offence would be CA61 s131 Sexual Conduct With Dependent Family Member.

Question 8

Are Step-parents considered parent and child for the purpose of an Incest charge?

If not, then what would be the appropriate offence to charge?

Answer 8

No. Their relationship is not covered in the offence.

The appropriate charge would be CA61 s131 - Sexual conduct with dependent family member.

Question 9

Incest:
What must be proved by the Crown?

Answer 9

That the defendant knew of the relationship before or at the time of the act.

Question 10

Incest:
If both parties are 16 or over, then who will be considered to be the principal offender?
(a) The male (if the other is female)
(b) The eldest
(c) The one that should’ve known better
(d) Both

Answer 10

(d) Both.

Question 11

131(1-5) Sexual Conduct with Dependent Family Member
ASPE:

Answer 11

CA61 131(1-5)

(1) Has Sexual Connection with dependent family member under 18.
7 years.

(2) Attempts to have sexual connection with a dependent family member under 18.
7 years.

(3) Does an indecent act on a dependent family member under 18.
3 years.

(4) The dependant family member cannot be charged as a party to the offence.

(5) No defence for having consent.

Question 12

Dependent Family Member Defined:
Act/Section/Elements

Answer 12

CA61 s131A

(1) Has power or authority over him and is:
(i) his parent, step-parent, foster parent, guardian, uncle, or aunt
(ii) a parent, step-parent, or foster parent of a a person described in subsection (1).
(iii) a child of his or her parent or step parent. Or
(iv) the spouse or de facto partner of a person described in sub paragraphs (i), (ii), or (iii). Or
(b) if they are members of the same family, whanau, or other culturally recognized family group, and the other person -
(i) is not a person referred to in paragraph (a); but
(ii) has responsibility for or Significant role in his care or upbringing; or
(c) if he is 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; and
(ii) a responsibility for, or significant role in, his or her care or upbringing.

Question 13

131 Sexual conduct with a dependent family member.

In addition to proving the relationship between the offender and victim (e.g. uncle), what else must the prosecution prove?

Answer 13

That the offender had power or authority over the person.

Question 14

131B(1A)
When can a Constable, pretending to be a young person under 16, be regarded as a young person for the purpose of the act?

Answer 14

The offender, while doing one of the specified acts, believed them to be a young person under 16.

Question 15

131B Grooming.
What is the defence to Grooming?

Answer 15

If the person proves:
(a) beforehand, took reasonable steps to find out whether the young person was or was over over the age of 16, and
(b) at the time of the action, he believed on reasonable grounds that the young person was or over 16

Question 16

131B Meeting following Grooming.
How does this offence relate to circumstances involving citizenship and which country the offence took place. What are the requirements for it to be an offence under NZ statute?

Answer 16

At least one of the parties is a NZ’r or a NZ resident, regardless of where the offence took place.

Question 17

131B Meeting following Grooming.
When is the offence complete?

Answer 17

(1) When the parties meet, or the defendant travels to, or makes arrangements to meet
(2) with the relevant intent.

If the meeting was purposefully arranged, then the element of intent has been met.

Question 18

131B Meeting following Grooming.
The offence is complete when the offender has the relevant intent and the parties meet or the offender makes arrangements for a meeting.

What threshold will be regarded as having this intent?

Answer 18

To be intentional the meeting need only be ‘purposefully arranged’.

Question 19

138(1) Sexual Exploitation of a Person with Significant Impairment.

ASPE

Answer 19

CA61 s138(1)
10 years

Has exploitative Sexual connection
With a Significantly Impairment person

Question 20

138 Attempted Sexual Exploitation with Significantly impaired person.

ASPE

Answer 20

CA61 s138(2)
10 years

Attempts to have
Exploitative sexual connection
With a significantly impaired person

Question 21

138 Sexual Exploitation of a Significantly Impaired Person.

What 2 things must an offender know?

Answer 21

(a) know the person is Significantly impaired
(b) obtained connection by taking advantage of the Impairment

Question 22

142A Compelling Indecent Act with Animal.

What is the penalty, and
Does this offence require that Penetration has occurred?

Answer 22

14 years
No. Penetration is not a required element. It just needs to be an indecent act.

Question 23

143 Beastialty

What are the element(s) and penalty?

Answer 23

CA61 s143 Beastiality
7 years

Commits Beastiality

Question 24

143 Beastiality

Is penetration required for ther to be an offence?

Answer 24

Yes

Question 25

143

Question 26

144 Indecent act with Animal

Elements and Penalty

Answer 26

3 years

Commits any act of indencey
With an animal

Question 27

144A Sexual Conduct with Children and Young People Outside New Zealand.

Give a synopsis of the offence and its elements?

Answer 27

The offender is a person who is a NZ citizen or ordinarily resides in NZ, and

He does oustide NZ an act that would otherwise qualify as an offence under sections 132 (child under 12), 134 (young person under 16), or 23(1) prostitution of a person under 18.

The penalty is the same as if the act was done in NZ.

Question 28

144A Sexual conduct with a child or young person outside of NZ.

An offender can be arrested, bail opposed, and remanded in custody. But, what must be obtained before filing charging documents?

Answer 28

Consent from the Attorney General

Question 29

Section 144C
Organising or promoting child sex tours.

Does the offender need to commit an offence against S144A for the offence of Organising a child sex tour be complete?

Answer 29

No. That is not one of the required elements.

The critical element is whether organising of transport out of NZ was done with the intention to facilitate the commission of the crime. Whether the sex crime is successfully executed is irrelevant.

Question 30

Section 216G
Prohibition on Making Intimate Visual Recordings:

What are the basic things to understand?

Answer 30

(1) Done without the complainant’s consent
(2) Done with an intent to make such a recording (or done with Recklessness)
(3) Be a recording of the complainant’s naked or underwear clad private parts, or of them engaging in acts of intimacy or personal care
(4) In circumstances where the complainant would expect to have been private.