Sexual conduct with a dependent family member Flashcards
When is a person a dependent family member of another?
If the person has power or authority over them and is a
(i) parent, step parent, auntie, uncle, foster parent or guardian or
(ii) parent, step parent, auntie, uncle, foster parent or guardian of a person descried in paragraph (i)
(iii) a child of his or her parent or step parent
(Iiv) spouse or defacto partner of a partner described in above paragraphs
if they are members of the same family/whanau/culturally recognised group but are not specified in paragraph a but has significant role in their unbringing
or if the child lives with the person as a part of their family but their relationship is not described in paragraph a and they have authority or power of the child.
aunt/uncle
in relation to a person, includes a half-sister/half-brother of one of the persons parents
foster parent
includes former foster parents
step parent
includes former step parent
guardian
means guardian by virtue of the guardianship act 1968 or the CYFS act 1989 and includes former guardians
What are the offences/ingredients?
S131(1)
Everyone who has sexual connection with a dependent family member under the age of 18 years
S131(2)
Everyone who attempts to have sexual connection with a dependent family member under the age of 18 years
S131(3)
Everyone who does an indecent act on a dependent family member under the age of 18 years
Can the dependent family member be charged as party to an offence?
No
What is not a defence under this section?
That the dependent family member consented
What must police prove?
Has one of the relationships specified in section 131A(1) and had power of authority over the the dependent person.