indecent assault nz meaning
Indecent assault offence is generally defined as “unwanted sexual contact” but does not extend to sexual assault or rape. This includes physical, sexual and psychological violence and abuse. A judge who heard an allegation of indecent assault against a senior lawyer has ruled the physical contact was accidental, as the complainant's evidence had changed over the passage of time. In this section we explain about the crimes of rape, sexual violation and indecent assault. However, if the defendant disputes indecency and in particular whether the features of the assault—and the surrounding circumstances—which render it indecent were intentional or appreciated, a direction in terms of question five will be required. I understand that indecent assault is a huge problem in some areas of the world, but I do believe that there are instances in which it has been exaggerated. ... Every part of New Zealand is classified to be within a certain meshblock. Indecent assault where consent is in issue (Section 135 Crimes Act 1961) [Note: It may not be necessary to include question five in all cases. In New Zealand law, the word “rape” is restricted to cases of a male penetrating a female’s vagina with his penis. The laws that deal with sexual crimes in New Zealand generally don’t refer to anyone’s gender or sexual orientation. Note 4 at the end of this reprint provides a list of the amendments incorporated. b. Rape (sexual intercourse without consent) 2. Assault is indecent when it involves unwanted sexual contact. Communtity Law Manual If you are looking for the latest legal information relating current Coronavirus laws in New Zealand, check out our new section: Coronavirus and the Law. Indecent exposure is a crime, the laws of which vary by jurisdiction.In the majority of states, it is not required than someone actually observe the act, or see the perpetrator’s private parts, in … What are the defences? This Act is administered by the Ministry of Justice. B Burglary. This includes when someone: It’s also sexual violation if the other person is doing any of these things with your consent to start with, and then you tell them you want them to stop but they keep on doing it. The Offence Of Indecent Exposure. Crimes Act 1961, s 3 (definitions of “genitalia” and “sexual connection”) and ss 128, 128B. By law sentences must reflect a number of considerations, some of which may be in conflict. Often the offender is known to the victim, and it can occur within relationships or marriage… Imposing a sentence (the punishment given to an offender) can be one of the most exacting tasks undertaken by a judge. and feigned or coerced marriage or civil union, About this
Indecent assault is an offence under Crimes Act 1958 s39. Rape, sexual assault and family (domestic) violence, Dealing with Oranga Tamariki / Ministry for Children, Marriage, civil unions and de facto relationships: Same-sex couples, Discrimination based on sex, gender or sexual orientation, Access to shops, businesses and public places, penetrates your vagina with their finger or another part of their body, or with a physical object, penetrates your anus with their penis or finger or other part of their body, or with a physical object. Meaning, pronunciation, picture, example sentences, grammar, usage notes, synonyms and more. Indecent assault definition is - an offensive sexual act or series of acts exclusive of rape committed against another person without consent. The offence of indecent exposure is found at Section 393 of the Crimes Act 1900 (ACT). Meaning of indecent assault. The offence of indecent assault with aggravating circumstances existed between 1 March 1981 and 31 December 1991. The defendant, who currently has name suppression, faces three charges of indecent assault and … Sexual assault is a term used to describe a range of sex crimes committed against a person. Anything physical that could be construed in a sexual way and has been undertaken without the victim’s consent could be considered indecent assault. The “assault” element may be satisfied by proof of either physical contact (battery), however minimal, or a threat to the victim involving a reasonable apprehension of immediate and unlawful physical violence: Fitzgerald v Kennard (1995) 38 NSWLR 184 at 200. site, Some amendments have not yet been incorporated, Meaning of ordinarily resident in New Zealand, Transitional, savings, and related provisions, Persons not to be tried in respect of things done outside New Zealand, Extraterritorial jurisdiction in respect of certain offences with transnational aspects, Attorney-General’s consent required where jurisdiction claimed under section 7A, Jurisdiction in respect of crimes on ships or aircraft beyond New Zealand, Jurisdiction in respect of certain persons with diplomatic or consular immunity, Offences not to be punishable except under New Zealand Acts, Criminal enactments not to have retrospective effect, Powers of courts under other Acts not affected, Sentence of death not to be 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right, Further provisions relating to surgical operations, Conspiracy between spouses or civil union partners, Party to any other crime outside New Zealand, Offence committed other than offence intended, Treason and other crimes against the Sovereign and the State, Punishment for treason or attempted treason, Wrongful communication, retention, or copying of classified information, Wrongful communication, retention, or copying of official information, Consent of Attorney-General to proceedings in relation to espionage or wrongful communication, retention, or copying of, Questions of law in relation to espionage or wrongful communication of information, Use of apparatus for making seditious documents or statements, Unlawful assemblies, riots, and breaches of the peace, Dealing in people under 18 for sexual exploitation, removal of body parts, or engagement in forced labour, Participation in organised criminal group, Attorney-General’s consent to prosecutions required, Crimes affecting the administration of law and justice, Corruption and bribery of Minister of the Crown, Corruption and bribery of member of Parliament, Corruption and bribery of law enforcement officer, Use or disclosure of personal information disclosed in breach of section 105A, Bribery outside New Zealand of foreign public official, Evidence of perjury, false oath, or false statement, Use of purported affidavit or declaration, Assisting escape of prisoners of war or internees, Assisting escape of mentally impaired person detained for offence, Crimes against morality and decency, sexual crimes, and crimes against public welfare, Distribution or exhibition of indecent matter, Indecent communication with young person under 16, Indecent act with intent to insult or offend, Allowing sexual activity does not amount to consent in some circumstances, Attempted sexual violation and assault with intent to commit sexual violation, Sexual conduct with consent induced by certain threats, Sexual conduct with dependent family member, Sexual conduct with young person under 16, Inducing sexual intercourse under pretence of marriage, Sexual exploitation of person with significant impairment, Sexual conduct with children and young people outside New Zealand, Party or accessory liability for sexual acts with children or young people outside New Zealand done by, or involving, foreigner principal parties, Keeping place of resort for homosexual acts, Being client in act of prostitution by person under 18 years of age, Duties tending to the preservation of life, Standard of care applicable to persons under legal duties or performing unlawful acts, Duty to provide necessaries and protect from injury, Duty of parent or guardian to provide necessaries and protect from injury, Duty of persons in charge of dangerous things, Duty to avoid omissions dangerous to life, Causing death that might have been prevented, Causing injury the treatment of which causes death, Illegal arrest may be evidence of provocation, Counselling or attempting to procure murder, Abortion procured by person other than health practitioner, Assault on a child, or by a male on a female, Ill-treatment or neglect of child or vulnerable adult, Failure to protect child or vulnerable adult, Discharging firearm or doing dangerous act with intent, Using any firearm against law enforcement officer, etc, Possession of offensive weapons or disabling substances, Powers in respect of crime against section 202A, Sentencing for second crime against section 202A(4), Further offences relating to female genital mutilation, Abduction for purposes of marriage or civil union or sexual connection, Young person under 16 cannot consent to being taken away or detained, People claiming in good faith right to possession of young person under 16, Prohibition on disclosure of private communications unlawfully intercepted, Prohibition on making intimate visual recording, Prohibition on possessing intimate visual recording in certain circumstances, Prohibition on publishing, importing, exporting, or selling intimate visual recording, Exceptions to prohibition in section 216J, Effect of appeal on order made under section 216L, Power of search for goods stolen or unlawfully obtained in transit, Power to search vehicles for goods stolen or obtained by crimes involving dishonesty, Conversion of vehicle or other conveyance, Being in possession of instrument for conversion, Designing, manufacturing, or adapting goods with intent to facilitate commission of crimes involving dishonesty, Possessing, selling, or disposing of goods designed, manufactured, or adapted with intent to facilitate commission of crimes involving dishonesty, Possessing goods capable of being used to facilitate crimes involving dishonesty with intent to facilitate commission of those offences, Taking, obtaining, or copying trade secrets, Entry onto agricultural land with intent to commit imprisonable offence, Being disguised or in possession of instrument for burglary, Obtaining by deception or causing loss by deception, Application of section 240 to match-fixing, Punishment of obtaining by deception or causing loss by deception, Application of section 243 to acts outside New Zealand, Accessing computer system for dishonest purpose, Damaging or interfering with computer system, Making, selling, or distributing or possessing software for committing crime, Accessing computer system without authorisation, Qualified exemption to access without authorisation offence for New Zealand Security Intelligence Service, Qualified exemption to access without authorisation offence for Government Communications Security Bureau, Altering, concealing, destroying, or reproducing documents with intent to deceive, Using altered or reproduced document with intent to deceive, Waste or diversion of electricity, gas, or water, Using probate obtained by forgery or perjury, Damage to other property by fire or explosive, Attempt to damage property by fire or explosive, Contaminating food, crops, water, or other products, Wilful waste or diversion of water, gas, or electricity, Threatening, conspiring, and attempting to commit offences, Threatening to kill or do grievous bodily harm, Conspiring to prevent collection of rates or taxes, Attempt to commit or procure commission of offence, Obtaining evidence by interception devices, Applications for interception warrants in relation to organised criminal enterprises, Application by Police for warrant to intercept private communications, Matters on which Judge must be satisfied in respect of applications, Applications for interception warrants in relation to serious violent offences, Application by Police for warrant to intercept private communications in relation to serious violent offences, Matters on which Judge must be satisfied in respect of applications relating to serious violent offences, Application by Police for warrant to intercept private communications relating to terrorist offences, Matters of which Judge must be satisfied in respect of applications relating to terrorist offences, Destruction of irrelevant records made by use of, Destruction of relevant records made by use of, Prohibition on disclosure of private communications lawfully intercepted, Notice to be given of intention to produce evidence of private communication, Inadmissibility of evidence of private communications unlawfully intercepted, Restriction on admissibility of evidence of private communications lawfully intercepted, Report to be made to Judge on use of warrant or permit, Commissioner of Police to give information to Parliament, Procedure where prior consent to prosecution required, General power to stop vehicles to exercise statutory search powers, Powers incidental to stopping vehicles under section 314B, Offences relating to stopping vehicles under section 314B, Power to enter premises to arrest offender or prevent offence, Power to stop vehicles for purpose of arrest, Powers incidental to stopping vehicles under section 317A, Offences relating to stopping vehicles under section 317A, Detention while bail bond prepared and signed, Person on bail may be arrested without warrant in certain circumstances, Non-performance of condition of bail bond to be certified by Judge, Person committed for trial may plead guilty before trial, Powers of court of committal as to custody or bail of accused, Attendance of witnesses at substituted court, Powers of substituted court to compel attendance, Witnesses’ expenses where indictment removed at instance of the Crown, General provisions as to counts not affected, Accessories after the fact, and receivers, Interlocutory order relating to admissibility of evidence, Attendance at identification parade voluntary, Information relating to identification witness to be supplied to defendant, Jury to be warned where principal evidence relates to identification, Trial Judge may excuse disclosure of information relating to Police investigations, Pleas of previous acquittal and conviction, Trial before a Judge with a jury general rule, Accused may apply for trial before a Judge without a jury, Judge may order trial without a jury in certain cases, Judge may order trial without jury in certain cases that are likely to be long and complex, Judge may order trial without jury in cases involving intimidation of juror or jurors, Prosecution may withdraw in certain cases, Power to clear court and forbid report of proceedings, Special provisions in cases of sexual nature, Order for retrial may be granted if acquittal tainted, Meaning of terms used in sections 378C and 378D, Consent of Solicitor-General required in certain circumstances for exercise of powers in relation to acquitted person, Order for retrial may be granted by Court of Appeal if new and compelling evidence discovered, Appeal against decision of Court of Appeal on appeal against certain orders, Appeal from decision of High Court relating to bail, 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with other enactment or rule of law, United Kingdom enactments ceasing to have effect in New Zealand, Crimes (Bribery of Foreign Public Officials) Amendment Act 2001.