Sexual Conduct with dependent family member

Question 1

Sexual Conduct with dependent family member

Answer 1

Section 131 (1) Crimes Act 1961

Question 2

Penalty

Answer 2

7 years

Question 3

Elements

Answer 3

1. Everyone
2. Has sexual connection
3. with a dependent family member under 18 years

Question 4

Person

Answer 4

Gender Neutral. Proven by judicial note or circumstantially.

Question 5

Sexual Connection

Answer 5

a) connection effect 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

c) the continuation of connection of a kind described in paragraph a or b
Section 2, Crimes Act 1961

Question 6

Penetration

Answer 6

Introduction and penetration have the same meaning.
Introduction to the slightest degree is enough to effect a connection
Section 2 (1A) Crimes Act 1961

Question 7

Proof of Penetration

Answer 7

Provided by: complainants evidence, medical examination (DNA, injuries) or accused admissions.

Question 8

Genitalia

Answer 8

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).
Section 2, Crimes Act 1961

Question 9

R v Koroheke

Answer 9

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.

Question 10

Dependent Family Member

Answer 10

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 aunty
ii) a parent, step parent or foster parent of a person described in subparagraph (i)
iii) a child of his or her parent or step parent
iv) the spouse or de facto partner of a person described in subparagraph (i) or (ii) or (iii)
Section 131A (1) Crimes Act 1961

Question 11

Section 131A (1) (b)

Answer 11

If they are members of the same family, whanau, or other culturally recognised family group an the other person -

i) is not a person reffed to in paragraph (a)
ii) has a responsibility for, or significant rol in his or her care of upbringing

Question 12

Section 131A (1) (c)

Answer 12

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

i) Power or authority over him or her
ii) A responsibility for, or significant rol in his or her care or upbringing

Question 13

Proving Age - R v Forrest & Forrest

Answer 13

The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.