Sexual Conduct with Dependant Family Member

Question 1

Act and section

Answer 1

Section 131 (1), Crimes Act 1961

Question 2

Imprisonment

Answer 2

7 years

Question 3

Ingredients

Answer 3

Everyone
Has Sexual Connection
With a Dependent Family Member Under 18 Years

Question 4

Definition of Sexual Connection

Answer 4

(a) ​connection effected by the introduction into 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

(b) ​connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; or
(c) ​the continuation of connection of a kind described in paragraph (a) or paragraph (b)

Sec 2, Crimes Act 1961

Question 5

Definition of Penetration

Answer 5

Introduction and penetration have the same meaning.

Introduction to the slightest degree is enough to effect a connection.
Sec. 2(1A), Crimes Act 1961

Question 6

Proof of penetration

Answer 6

Proof may be provided by:

• the complainant’s evidence
• medical examination, (DNA, injuries)
• accused’s admissions.

Question 7

Definition of Genitalia

Answer 7

Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female, or of indeterminate sex)
Sec 2, Crimes Act 1961

Question 8

Genitalia caselaw

Answer 8

The genitalia comprise the reproduction organs, interior and exterior. They include the vulva [and] the labia, both interior and exterior, at the opening of the vagina.
R v Koroheke

Question 9

Definition of dependant family member

Answer 9

Dependent family member defined
For the purposes of section 131, 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 —
​(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 ​​ subparagraph (i) or subparagraph (ii) or subparagraph (iii); or

Question 10

Definition of family member pt2

Answer 10

Section 131A (1)(b), Crimes Act 1961(.25)
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 11

Definition of family member pt3

Answer 11

Section 131A (1)(c), Crimes Act 1961
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 has—
(i) power or authority over him or her; and
(ii) a responsibility for, or significant role in, his or her care or upbringing.

Question 12

Proving age

Answer 12

The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age”.
R v Forrest and Forrest
.5
In practice this generally involves producing the victim’s birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.