Sex conduct w dependant family member Flashcards Preview

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Flashcards in Sex conduct w dependant family member Deck (7)
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1
Q

What is the act section and penalty

A

S131 (1) CA

7yrs

2
Q

What are the 3 elements

A

1- Everyone
2- Has sexual connection
3- With a dependant family member under 18 years

3
Q

What 5 Points must be covered for sexual connection

A
1- sexual connection s2 ca 61
2- penetration s2 (1A) ca61
3- proof of penetration
4- genitalia s2 ca61
5- r v koroheke
4
Q

Dependant family member

S131A(1) ca61

A

One person is a dependant family member of another person
(a) if the person has power or authority over him or her and is
1- his or her parent, step parent, foster parent, guardian, uncle or aunt
Or
2- a parent, step parent or foster parent of a person descibed in para1
Or
3- a child of his or her parent or step parent
Or
4- the spouse or de facto partner of a person described in para 1,2 or 3

5
Q

S131A(1)(b) ca61

A

If they are members of the same family, whanua or other culturally recognized family group and the other person
1-is not a person referred to in para (a)
But
2- has a responsibiltly for or significant role in his or her care or upbringing

Or

6
Q

S131A(1)(c) ca 61

A

If he or she is living with the other person as a member of the family and the other person is not referred to in para A but has
1- power or authority over him or her
And
2- a responsibilitly for or significant role in his or her care or upbringing

7
Q

Under 18 years

A

R v forrest and forrest

Proving age

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