Incest Section 130(1) Crimes Act 1961 Flashcards
(5 cards)
1
Q
What are the Elements for Incest Section 130(1) Crimes Act 1961?
A
Incest
Section 130(1) Crimes Act 1961
- A person
- Has Sexual Connection
- With a Parent or Child or Sibling or Half Sibling or Grandparent
- and the person charged knew of the relationship
2
Q
A person
A
Person
JN CE – Gender neutral
RTS
3
Q
Has sexual connection with
A
- Introduction into genitalia or anus by part of another’s body, object or mouth. Excl legit medical exams etc. (s2 CA1961)
Penetration (s2 CA 1961)
Affected by the slightest degree. (Proof by victim statement, admissions, medical exam)
Consent
Cox – Full, voluntary, free and informed. Freely and voluntary given by a person to form rational judgement.
Koroheke – Consent freely given, rather than submission to something unwanted or avoidable.
Gutuama – No reasonable person would think there was consent.
RTS
4
Q
With parent / sibling / half sibling / grandparent
A
RTS
5
Q
And the Person charged knew of that relationship
A
Forrest & Forrest (person charged is over 16)
RTS
