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Crimes Act 1961

Crimes against morality and decency, sexual crimes, and crimes against public welfare - Sexual crimes

128: Sexual violation defined

You could also call this:

“This law explains what counts as rape or forced sexual acts without permission.”

Sexual violation means when someone rapes another person or has unlawful sexual connection with them.

You rape someone if you put your penis into their genitals without their permission. It’s also rape if you don’t have good reason to think they agreed to it.

Unlawful sexual connection happens when you have any kind of sexual contact with someone without their permission. It’s also unlawful if you don’t have good reason to think they agreed to it.

Even if two people are married, one can still be found guilty of sexually violating the other.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329051.

Topics:
Crime and justice > Criminal law
Previous

127: No presumption because of age, or

“A person's age doesn't automatically mean they can't have sex.”

Next

128A: Allowing sexual activity does not amount to consent in some circumstances, or

“Even if someone doesn't say "no" or fight back, they might not be agreeing to do sexual things.”

Part 7 Crimes against morality and decency, sexual crimes, and crimes against public welfare
Sexual crimes

128Sexual violation defined

  1. Sexual violation is the act of a person who—

  2. rapes another person; or
    1. has unlawful sexual connection with another person.

      1. Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B's genitalia by person A's penis,—

      2. without person B's consent to the connection; and
        1. without believing on reasonable grounds that person B consents to the connection.

          1. Person A has unlawful sexual connection with person B if person A has sexual connection with person B—

          2. without person B's consent to the connection; and
            1. without believing on reasonable grounds that person B consents to the connection.

              1. One person may be convicted of the sexual violation of another person at a time when they were married to each other.

              Notes
              • Section 128: replaced, on , by section 7 of the Crimes Amendment Act 2005 (2005 No 41).