Sexual Conduct with a Dependant Family Member Section 131(1) Crimes Act 1961

Question 1

What are the Elements for Sexual Conduct with a Dependant Family Member
Section 131(1) Crimes Act 1961?

Answer 1

Sexual Conduct with a Dependant Family Member
Section 131(1) Crimes Act 1961

• A person
• Has Sexual Connection
• With a dependant family member
• over the age of 16

Question 2

A person

Answer 2

Person
JN CE – Gender neutral

RTS

Question 3

Has sexual connection with

Answer 3

• 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

Question 4

With a dependant family member

Answer 4

S131A – demonstrate the nature of the relationship I.e. how they meet the criteria of a dependant family member

RTS – (cover off relationship / some degree of authority/dependency)

Question 5

Under the age of 18

Answer 5

Forrest & Forrest (Victim aged 16 – 17 years)
RTS