Sexual Conduct with Dependent Family Member

Question 1

What is the section of the Crimes Act?

Answer 1

Section 131

Question 2

What is the term of imprisonment?

Answer 2

7 years (under 18yrs)

Question 3

What is the term of imprisonment for attempts?

Answer 3

7 years (under 18yrs)

Question 4

What is the term of imprisonment for indecent act?

Answer 4

3 years (under 18yrs)

Question 5

Possible Defences?

Answer 5

a) Dependant family member cannot be charged as a party to the offence.
b) It is not a defence to charge under this section that the dependant family member consented.

Question 6

Define Dependant Family Member?

Answer 6

Section 131A, Crimes Act 1961

One person is a dependant 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 i)
OR
iii) a child of his or her parent or step-parent
OR
iv) spouse, de facto partner of a person described in i), ii) or iii) OR

B) 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 A)
ii) has a responsibility for, or significant role in, his or her carer or upbringing OR

C) is living with the other person as a member of the other person’s family and they are not referred to as A)

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

Question 7

Definition for Uncle

Answer 7

Uncle: Includes half-brother of one of the person’s parent.

Question 8

Definition for Aunt

Answer 8

Aunt: Includes half-sister of one of the person’s parent.

Question 9

Defintion for Foster Parent

Answer 9

Foster Parent: Includes former foster parent.

Question 10

Definition for Guardian

Answer 10

Guardian:

a) Means guardian by virtue of Guardianship Act 1968 or the CYPF 1989 AND
b) includes former guardian

Question 11

Definition for Step-parent

Answer 11

Step-parent: Includes former step-parent.

Question 12

Power or Authority over Dependant Person Required

Answer 12

Police needs to prove that the offender (in addition to having one of the roles such as parent, step parent, foster parent etc.) had power or authority over the dependant person.