OTHER SEXUAL OFFENCES Flashcards
Sec.129A CA61
Kind of threats referred to - Sexual conduct by coercion
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 a 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 a person making the threat or some other person 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.
What is the primary difference between sec128A and sec129A - application of force?
129A - Threat that does not involve actual or threatened application of force.
Incest Definition
Sexual connection between two people whose relationship is that of a:
parent and child,
siblings, half siblings, or
grand parent and grandchild; AND
the person charged knows of the relationship.
incest - KEY FACTORS
- The relationship AND the knowledge of the Relationship
- BUT the offender must be over 16yrs.
Is consent a defence to a charge of incest?
No, the sexual connection is carried out by both parties. If it is not then a charge under sexual violation is appropriate.
STEP RELATIONSHIPS
A step parent and step child are not “Parent and Child”
Sexual intercourse between may instead come under s131 Sexual conduct with a dependant family member.
SEXUAL CONDUCT WITH A DEPENDANT FAMILY MEMBER
(Covers sexual connection, attempted sexual connection, indecent act on a dependant family under 18) Legislation:
Sexual conduct with a dependant family member
Crimes Act 1961, Section 131
1. Everyone
2. Has Sexual Connection
3. With a dependant family member under 18yrs
Sec131A CA61
Dependant Family Member Defined
A person is a dependant family member of another person -
a) If the person has power or authority over him/her and is -
(i) Parent, Step Parent, Foster parent, Guardian, Uncle/Aunt or
(ii) a Parent, Step Parent, Foster parent, of a person described in sub paragraph i)
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 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 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.
Guardian
(a) means guardian by virtue of the Guardian Act 1968 or the Children, Young Person and their Families Act 1989; AND
(b) includes a former partner
POWER or AUTHORITY over the dependant person required
Police need to prove that the offender, in addition to having one of those roles set out in section (parent, step parent, foster parent…etc)
had power or authority over the dependant person.
MEETING YOUNG PERSON…FOLLOWING SEXUAL GROOMING, etc.
Offence is complete when:
- Intentionally meets the young person
- Travels with intention of meeting the young person
- Arranges for or persuades the young person to travel with the intention of meeting him or her
Exploitative sexual connection occurs if he/she has
a) has sexual connection with an impaired person, knowing that person is a person with significant impairment
b) has obtained the impaired persons acquiescence in, submission to, participation in, or undertaking of the
connection by taking advantage of the impairment.
SEXUAL CONDUCT WITH CHILDREN & YOUNG PEOPLE OUTSIDE NZ
Applies to s132 & s134 offences committed outside of NZ by NZ citizen.
Whose consent must be obtained prior to filing charging document being laid?
Attorney General
