Other Sexual Offences Flashcards
Sexual conduct by coercion details
Sexual Conduct with consent induced by certain threats
Section 129A, Crimes Act 1961
* A person
* who has sexual connection
* with another person
* knowing that other person has been induced to consent to the connection by threat
14 years max sentence
Kinds of threats for Sexual conduct by coercion
(a) A threat that the person making the threat or some other person will commit an offence that
* is punishable by imprisonment
* does not involve the actual or threatened application of force to any person
(b) a threat that the 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
(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
* an occupational or vocational position held by the person making the threat
* a commercial relationship existing between the person making the threat and the person consenting.
Incest details
Incest
Section 130, Crimes Act 1961
*Sexual connection is incest if
* it is between 2 people whose relationship is that of parent and child, siblings, half-siblings, or grandparent and grandchild; and
* the person charged knows of the relationship
10 years maximum
Are adoptive parents considered the same for incest charge
Yes unless they just consented to the the adoption and did not take an active role.
Sexual conduct with a dependant family member details
Sexual conduct with a dependant family member
Section 131, Crimes Act 1961
* Any person
* who has sexual connection
* with a dependant family member under the age of 18 years
7 years for full offence or attempts
3 years for indecent act
Meeting young person following grooming
Meeting young person following grooming
Section 131B, Crimes Act 1961
* Having met or communicated with a person under the age of 16 years on an earlier occasion
* He/she takes the following action:
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
Defence to grooming charge
If person proves before the time he or she took the action concerned had taken reasonable steps to find out whether the young person was of or over the age of 16 years and
At the time believed on reasonable grounds that the young person was of or over 16 years
Where does grooming mostly happen
Directed primarily at grooming via the internet and includes text messages
Defendant or complainant must be NZ citizens
Offence is complete when parties meet or defendant travels to meet
Sexual exploitation of person with significant impairment
Sexual exploitation of person with significant impairment
Section 138, Crimes Act 1961
* 10 years imprisonment
* A person
* has explotative sexual connection
* With a person with significant impairment
What knowledge must defendant have for exploitation of an impaired person
Must know that the impaired person has a significant impairment
Obtained the impaired persons acquiescent in submission to, participation in or undertaking of the connection by taking advantage of the impairment
Other offences to know
Compelling indecent act with animal
Section 142A, Crimes Act 1961
Bestiality
Section 143, Crimes Act 1961
Indecency with animal
Section 144, Crimes Act 1961
Sexual conduct with children outside of NZ
Section 144A, Crimes Act 1961
Organising child sex tours
Section 144C, Crimes Act 1961
Prohibition on making intimate visual recording
Section 216H, Crimes Act 1961
Age required to be charged with incest
16 years
