NZ LEGISLATION REGARDING SEXUAL OFFENCES AGAINST CHILDREN

The sexual exploitation of children within New Zealand is not tolerated. New Zealand has laws to protect children from sexual exploitation and legislation provides strong penalties for those who offend.

New Zealand legislation reaches beyond our own shores and the penalties that pertain to New Zealand also pertain to the same offences carried out against children outside of the country. This means that any offence of sexual exploitation of children can be grounds for a conviction either in the country where the offence takes place or back in New Zealand when the offender returns.

This extra- territorial law has very specific categories of offences and relevant penalties that are detailed below. People need to realise that there is no safe place to exploit a child and that they are responsible for their actions wherever they may be. It is no longer possible to avoid prosecutions just because the offence took place outside of New Zealand.

To protect children overseas New Zealand enacted The Crimes (Child Sex Tourism) Amendment Act 1995. Many other countries also claim extra- territorial jurisdiction for child sex offences which allow for prosecution of offenders in their own country regardless of where the offence takes place. Offenders may no longer act with impunity. Once leaving their holiday destination they remain responsible for their actions.

Sexual conduct with children outside New Zealand

(1) Every one commits an offence who, being a New Zealand citizen or a person ordinarily resident in New Zealand, does, outside New Zealand, any act to or in relation to any child under the age of 16 years if that act would, if done in New Zealand, constitute an offence against any of the following provisions of this Act:

(a) Section 132(1) (sexual intercourse with girl under 12):

(b) Section 132(2) (attempted sexual intercourse with girl under 12):

(d) Section 134(1) (sexual intercourse with girl between 12 and 16):

(e) Section 134(2) (indecency with girl between 12 and 16):

(f) Section 139 (indecent act between girl and woman):

(g) Section 140 (indecency with boy under 12):

(h) Section 140A (indecency with boy between 12 and 16):

(i) Section 142 (anal intercourse).

(2) Every one who commits an offence against this section in respect of any provision specified in subsection (1) of this section is liable to the same penalty to which he or she would have been liable had he or she been convicted of an offence against that provision.

The penalties are:

(a) Section 132(1) (sexual intercourse with girl under 12): liable to imprisonment for up to 14 years. It is no defence that the girl consented or that the accused thought they were over 12 years old.

(b) Section 132(2) (attempted sexual intercourse with girl under 12): liable to imprisonment for up to 10 years. It is no defence that the girl consented or that the accused thought they were over 12 years old.

(c) Section 133 (indecency with girl under 12 - liable to imprisonment for up to 10 years. It is no defence that the girl consented or that the accused thought they were over 12 years old.

(d) Section 134(1) (sexual intercourse with girl between 12 and 16): - liable to imprisonment for up to 7 years.

(e) Section 134(2) (indecency with girl between 12 and 16): - liable to imprisonment for up to 7 years.

(f) Section 139 (indecent act between girl and woman): - liable to imprisonment for up to 7 years.

(g) Section 140 (indecency with boy under 12): liable to imprisonment for up to 10 years. It is no defence that the boy consented or that the accused thought they were over 12 years old.

(h) Section 140A (indecency with boy between 12 and 16): - liable to imprisonment for up to 7 years.

(i) Section 142 (anal intercourse) where the child is under 12 liable for imprisonment for up to 12 years, where child is under the age of 16 years liable to imprisonment for 7 years