Sex conduct w dependant family member Flashcards
What is the act section and penalty
S131 (1) CA
7yrs
What are the 3 elements
1- Everyone
2- Has sexual connection
3- With a dependant family member under 18 years
What 5 Points must be covered for sexual connection
1- sexual connection s2 ca 61 2- penetration s2 (1A) ca61 3- proof of penetration 4- genitalia s2 ca61 5- r v koroheke
Dependant family member
S131A(1) ca61
One person is a dependant family member of another person
(a) if the person has power or authority over him or her and is
1- his or her parent, step parent, foster parent, guardian, uncle or aunt
Or
2- a parent, step parent or foster parent of a person descibed in para1
Or
3- a child of his or her parent or step parent
Or
4- the spouse or de facto partner of a person described in para 1,2 or 3
S131A(1)(b) ca61
If they are members of the same family, whanua or other culturally recognized family group and the other person
1-is not a person referred to in para (a)
But
2- has a responsibiltly for or significant role in his or her care or upbringing
Or
S131A(1)(c) ca 61
If he or she is living with the other person as a member of the family and the other person is not referred to in para A but has
1- power or authority over him or her
And
2- a responsibilitly for or significant role in his or her care or upbringing
Under 18 years
R v forrest and forrest
Proving age