Other Sexual Offences Flashcards
Sexual conduct with consent induced by certain threats (coercion) - Legislation
Section 129A, Crimes Act 1961
(1) Every one who has sexual connection with another person knowing that the other person has been induced to consent to the connection by threat is liable to imprisonment for a term not exceeding 14 years.
(2) Every one who does an indecent act on another person knowing that the other person has been induced to consent to the act by threat is liable to imprisonment for a term not exceeding 5 years.
Note: The threat means a threat the person makes that offence that— (i) is punishable by imprisonment; but (ii) does not involve the actual or threatened application of force to any person.
Or, Will make a disclosure that is likely to seriously damage reputation.
Or, Will make improper use of a posistion they hold or professional relationship
Incest - Legislation
Section 130, Crimes Act 1961
(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 who commits incest is liable to imprisonment for a term not exceeding 10 years.
Note - Gender neutral - same sex can be prosecuted
Under Section 130 (Incest) which of the following are defined as parent and relationships: -Step parents -Adoptive parents
-Step parents - No (Consider charge of sex with dependant family member S131) -Adoptive parents - Yes
Sexual conduct with dependant family members
Section 131, Crimes Act 1961
(1) Every one is liable to imprisonment for a term not exceeding 7 years who has sexual connection with a dependent family member under the age of 18 years.
(2) Every one is liable to imprisonment for a term not exceeding 7 years who attempts to have sexual connection with a dependent family member under the age of 18 years.
(3) Every one is liable to imprisonment for a term not exceeding 3 years who does an indecent act on a dependent family member under the age of 18 years.
(4) The dependent family member cannot be charged as a party to the offence.
(5) It is not a defence to a charge under this section that the dependent family member consented.
Dependent family member defined - S131A
One person is a dependent family member of another person—
(a) If the other person has power or authority over him or her, and is:
1) a parent, step-parent, foster parent, guardian, uncle, or aunt; or
2) a parent, step-parent, or foster parent of a person described above
3) a child of his parent or step-parent;
4) the spouse or de facto partner of a person described above
5) a members of the same family, whanau, or other culturally recognised family group, and is not mentioned above, but has a responsibility for, or significant role in, his or her care or upbringing; or
6) if he or she is living with the other person as a member of the other person’s family but is not referred to above.
Guardian definition - under dependant family member
Means: guardian by virtue of the Guardianship Act 1968 or the Children, Young Persons, and Their Families Act 1989; and includes a former gaurdian.
Meeting young person following grooming - Legislation, Penalty
Section 131B - 7 Years
(1) (a) having met or communicated with a person under the age of 16 years
(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 that the young person should do on him an act which would if he permitted it to be done in NZ, be an offence against this part or his or her part.
2 Defences for meeting a young person following grooming
(a) before the time he or she took the action concerned, he or she had taken reasonable steps to find out whether the young person was of or over the age of 16 years: and
(b) at the time he or she took the action concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years.
Meeting a young person following grooming - young person means:
A person under the age of 16 years or the young person includes a reference to a constable who pretends to be a young person under the age of 16 years if the offender believed that the fictitious young person was a young person under the age of 16 years.
Grooming - when is the offence complete ?
Sexual exploitation of significantly impaired person - Sexual connection
Legislation, Penalty
Section 138, Crimes Act 1961 - 10 Years - (Has or attempts to have explotative sexual connection)
(3) a person has exploitative sexual connection with a person with a significant impairment (the “impaired person”) if he or she—
(a) has sexual connection with the impaired person knowing that the impaired person is a person with a significant impairment; and
(b) has obtained the impaired person’s acquiescence(reluctant acceptance) in, submission to, participation in, or undertaking of the connection by taking advantage of the impairment.
Sexual exploitation of significantly impaired person - Indecent Act
Legislation, Penalty
Section 138 - 5 years
(5) a person exploitatively does an indecent act on a person with a significant impairment (the “impaired person”) if he or she—
(a) does an indecent act on the impaired person knowing that the impaired person is a person with a significant impairment; and
(b) has obtained the impaired person’s acquiescence in, submission to, participation in, or undertaking of the doing of the act by taking advantage of the impairment.
Definition - Significant impairment is an intellectual, mental, or physical condition or impairment - 4 things
Affects a person to such an extent that it significantly impairs the person’s capacity
(a) to understand the nature of sexual conduct; or
(b) to understand the nature of decisions about sexual conduct; or
(c) to foresee the consequences of decisions about sexual conduct; or
(d) to communicate decisions about sexual conduct.
