Other Sexual Offences Flashcards
Sexual Violation Penalty Provisions
Of note only
Section 128B, CA61
A person convicted of sexual violation must be sentenced to imprisonment unless, having regard to the matters stated in subsection (3), the court thinks that the person should not be sentenced to imprisonment.
(3) The matters are-
(a) the particular circumstances of the person convicted; and
(b) the particular circumstances of the offence, including the nature of the conduct constituting it.
Sexual Conduct by Coercion
Elements
S129A CA61
Has sexual connection or does an indecent act with another person knowing that the other person has been induced to consent to the connection by threat.
Sexual Conduct by Coercion
Knowledge
Of note only
S129A CA61
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).
Involves doing an indecent act on or with the other person or
induces or permits the other person to do the indecent act on him or her.
Sexual Conduct by Coercion
Kinds of Threat
Of note only
(a) a threat that the person making the threat or some other person will commit an offence that—
(i) is punishable by imprisonment; but
(ii) does not involve the actual or threatened application of force to any person; and
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
(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.
Incest
Elements
S130 CA61, 10 years imp
(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) Every one of or over the age of 16 years is liable
- Consent not a Defense
- Adoptive parent also considered however a consenting spouse who is not legal guardian not incest
Sexual Conduct with Dependant Family Member
Elements
S131 CA61
Sexual connection/ Attempts Sexual Connection and Indecent Act with a dependent family member under the age of 18 years.
Of note
- The dependent family member cannot be charged as a party to the offence.
- It is not a defence to a charge under this section that the dependent family member consented.
Dependant Family Member Definition
S131A CA61
Involves persons who
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 above or
(iii) a child of his or her parent or step-parent; or
(iv) the spouse or de facto partner described above 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 is living with the other person as a member of the other person’s family, and the other person is not referred to above (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.
Dependant Family Member Definition
Also includes
S131A CA61
(2) In subsection (1),—
- Aunt, in relation to a person, includes a half-sister of one of the person’s parents
- Uncle, in relation to a person, includes a half-brother of one of the person’s parents.
- Foster parent includes a former foster parent
- Step-parent includes a former step-parent
- Guardian includes a former guardian
Meeting Young Person Following Grooming
Elements
S131B CA61
having met or communicated via Text, internet or electronic communication 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 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—
sexual exploit the young person
or have the young person commit an act which is an offence
Meeting Young Person Following Grooming
When offence is complete and
Now includes who
The 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”.
Includes a constable pretending to be a young person as long as that person believes that the person is a young person.
