Sexual Offences Liabilities

Question 1

Cover off the offence: Sexual Conduct with a Dependant Family Member

Answer 1

Section 131(1) Crimes Act 1961

1) A person
2) Has sexual connection with
3) A dependant family member
4) Under the ages of 18

1) A person -
proven by JN/CE - gender neutral
[RTS]

2) Has sexual connection with -
Introduction into the genitalia or anus by part of another’s body, object or mouth. Excluding legit medical exams etc (s2 CA1961)

Penetration - affected by the slightest degree (proven by victims statement, offender admissions, medical exam)

Consent -
R v Cox - full, voluntary, free and informed. Freely and voluntary given by a person to form a rational judgement.

R v Koroheke - Consent freely given, rather than submission to something unwanted or avoidable.

R v Gutuama - No reasonable person would think there was consent.
[RTS]

3) With a dependant family member -
S131A - dependant family member defined = parent, step parent, foster parent, guardian, uncle or aunt.
[RTS]: demonstrate the nature of the relationship (ie how they meet the criteria of a dependent family member)

4) under the age of 18 - R v Forrest and Forrest - the best evidence possible in the circumstances should be adduced by the prosecution in proof of victims age.

NOTES:

• 7 year imprisonment term
• Victim - under the age of 18 years

Question 2

Cover off offence: Incest

Answer 2

Section 130(1) Crimes Act 1961

1) A person
2) Has sexual connection with
3) Parent, sibling, half sibling OR grandparent
4) And the person charged knew of that relationship

1) A person - proven by JN/CE - gender neutral

2) Has sexual connection with -
Introduction into the genitalia or anus by part of another’s body, object or mouth. Excluding legit medical exams etc (s2 CA1961)

Penetration - affected by the slightest degree (proven by victims statement, offender admissions, medical exam)

Consent -
R v Cox - full, voluntary, free and informed. Freely and voluntary given by a person to form a rational judgement.

R v Koroheke - Consent freely given, rather than submission to something unwanted or avoidable.

R v Gutuama - No reasonable person would think there was consent.
[RTS]: address the consent between the two

3) Parent, sibling, half sibling OR grandparent - [RTS]: cover off relationship

4) And the person charged knew of that relationship - R v Forrest and Forrest - the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age .
[RTS]: demonstrate persons age and how they are aware of the relationship.