OTHER SEXUAL OFFENCES Flashcards
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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?
(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.
When is Sexual Connection Incest (What two elements must be fulfilled)?
What is the Act and Section for this offence?
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.
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?
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.
Incest:
Is this offence restricted to acts of intercourse or does it also encompass all sexual connection?
All sexual connection.
Incest:
(1) Is consent a defence?
(2) Is it assumed that both parties are consenting to the sexual connection?
(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.
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
(c) Both.
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?
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.
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?
No. Their relationship is not covered in the offence.
The appropriate charge would be CA61 s131 - Sexual conduct with dependent family member.
Incest:
What must be proved by the Crown?
That the defendant knew of the relationship before or at the time of the act.
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
(d) Both.
131(1-5) Sexual Conduct with Dependent Family Member
ASPE:
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.
Dependent Family Member Defined:
Act/Section/Elements
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.
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?
That the offender had power or authority over the person.
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?
The offender, while doing one of the specified acts, believed them to be a young person under 16.
131B Grooming.
What is the defence to Grooming?
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
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?
At least one of the parties is a NZ’r or a NZ resident, regardless of where the offence took place.
131B Meeting following Grooming.
When is the offence complete?
(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.
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?
To be intentional the meeting need only be ‘purposefully arranged’.
138(1) Sexual Exploitation of a Person with Significant Impairment.
ASPE
CA61 s138(1)
10 years
Has exploitative Sexual connection
With a Significantly Impairment person
138 Attempted Sexual Exploitation with Significantly impaired person.
ASPE
CA61 s138(2)
10 years
Attempts to have
Exploitative sexual connection
With a significantly impaired person
138 Sexual Exploitation of a Significantly Impaired Person.
What 2 things must an offender know?
(a) know the person is Significantly impaired
(b) obtained connection by taking advantage of the Impairment
142A Compelling Indecent Act with Animal.
What is the penalty, and
Does this offence require that Penetration has occurred?
14 years
No. Penetration is not a required element. It just needs to be an indecent act.
143 Beastialty
What are the element(s) and penalty?
CA61 s143 Beastiality
7 years
Commits Beastiality
143 Beastiality
Is penetration required for ther to be an offence?
Yes
143
144 Indecent act with Animal
Elements and Penalty
3 years
Commits any act of indencey
With an animal
144A Sexual Conduct with Children and Young People Outside New Zealand.
Give a synopsis of the offence and its elements?
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.
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?
Consent from the Attorney General
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?
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.
Section 216G
Prohibition on Making Intimate Visual Recordings:
What are the basic things to understand?
(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.
