Sexual conduct with a dependent family member

Question 1

When is a person a dependent family member of another?

Answer 1

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.

Question 2

aunt/uncle

Answer 2

in relation to a person, includes a half-sister/half-brother of one of the persons parents

Question 3

foster parent

Answer 3

includes former foster parents

Question 4

step parent

Answer 4

includes former step parent

Question 5

guardian

Answer 5

means guardian by virtue of the guardianship act 1968 or the CYFS act 1989 and includes former guardians

Question 6

What are the offences/ingredients?

Answer 6

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

Question 7

Can the dependent family member be charged as party to an offence?

Answer 7

No

Question 8

What is not a defence under this section?

Answer 8

That the dependent family member consented

Question 9

What must police prove?

Answer 9

Has one of the relationships specified in section 131A(1) and had power of authority over the the dependent person.