Sexual conduct with dependant family member

Question 1

Section

Answer 1

Section 131(1), Crimes Act 1961

Question 2

Penalty

Answer 2

7 years

Question 3

Ingredients

Answer 3

1) Everyone
2) Has sexual connection
3) With dependant family member under 18years

Question 4

Does sexual connection include the continuation of connection of any kind described in paragraph a or b

Answer 4

yes

Question 5

True or false
connection between the mouth or tongue of one person and a part of another person’s genitalia or anus

effects sexual connection

Answer 5

True

Question 6

What is paragraph a) of sexual connection

Answer 6

a) Connection effected by the introduction in the genitalia or anus of one person, otherwise than for genuine medical purposes, of
i) a part of the body of another person, or
ii) an object held or manipulated by another person, or

Question 7

Dependent family member 1

Answer 7

Section 131A (1), Crimes Act 1961
One person is a dependent family of another person:
a) if the other person has power or authority over him or her and is-
i) his or her parent, step parent, foster parent, guardian, uncle, or aunt or
ii) a parent, step parent, or foster parent of a person described in subparagraph (i) or
iii) a child of his or her parent or step parent;or
iv) the spouse or de facto partner of a person described in subpara (i) or (ii) or (iii)

Question 8

Dependent family member- cultural 2

Answer 8

Section 131A(1) (b), Crimes Act 1961
If they are members of the same family, whanau, or other culturally recognized family group, and the other person-
(i) is not a person referred to in paragraph (a) but
(ii) has a responsibility for, or significant role in,his or her care or upbringing or

Question 9

Dependent family member 3

Answer 9

If he or she is living with the other person as a member of the other person’s family, and the other person is not a person referred to in paragraph (a) but hasp

(i) power or authority over him or her, and
(ii) a responsibility for, or significant role in, his or her care or upbringing.

Question 10

Proving age

R v Forrest and Forrest

Answer 10

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age

In practice this generally involves producing the victims birth cert in conjunction with independent evidence that identifies the victim as the person name in the certificate.