131 - Sexual conduct With Dependant Family Member Flashcards
What is the Act and Section for the offence of Sexual Conduct with Dependant Family Member ?
Crimes Act 1961
Section 131
What are the Elements and Penalty ?
Everyone
(1) Has sexual connection
(2) Attempts to have sexual connection
(3) Does an indecent act
A dependant family member under 18
Definition of a another person ?
131A - Power or Authority over him/her AND is
(A) i.Parent/ Step Parent/ Foster Parent/ Guardian/ Uncle/Aunt
ii. grandparent, step grandparent, foster grandparent (parents of i)
iii. Siblings / Step Siblings
iv. Spouse / De facto of any of the above
(B) Same family, whanau, culturally recognised ground
i. Isn’t referred to in A.
ii. Has responsibility/significant role in care/upbringing
(C) Living with them as if a member of their family however not mentioned in A.
i. Power/Authority over him/her
ii. Has responsibility/significant role in care/upbringing
Is consent a defence ?
131(4) It is not a defence to charge under section that the dependant family member consented
Can the Dependant Family be charged as party to?
(4) The dependant family member cannot be charged as a party to the offence
Definition of Guardian ?
Guardianship of a child means having in relations to a child
(a) all duties, powers, rights and responsibilities that a parents of a child has in relation to the upbringing of the child:
(b) every duty, power, right and responsibility that is vested in the guardian of a child by any enactment
(c) every duty, power, right and responsibility that immediately before the commencement, on 1 Jan 1979 of the Guardianship Act 1968, was vested in a sole guardian of a child by an enactment or rule of law
What does Police need to prove regarding the offender ?
Police need to prove that the offender, in addition to having one of the roles set out in section HAD power or authority over the dependant person
