What is sexual violence?
Sexual violence is defined as any form of non-consensual sexual contact or behaviour. It includes things like:
rape
sexual assault or abuse
sexual touching and kissing
sharing material of a sexual nature, either online or in person.
Sexual violence and the law
All forms of sexual violence are illegal in Aotearoa New Zealand under the Crimes Act 1961 and the Harmful Digital Communications Act 2015.
The Crimes Act 1961 defines:
sexual violation – which is defined as any kind of penetrative sex that occurs without consent. It includes vaginal, anal, oral, digital and object penetration. Anyone found guilty of sexual violation can be jailed for a maximum of 20 years
indecent assault – this means any non-consensual physical contact of a sexual nature that doesn’t involve penetration. It includes things like unwanted kissing or sexual touching without a person’s permission. Indecent assault carries a maximum penalty of seven years in jail for anyone who is found guilty of it
intimate visual recordings – videoing or photographing someone in a state of undress or engaged in an intimate act without their consent is illegal. The Crimes Act 1961 also states that videoing or taking photos of someone without their knowledge – for example in a changing room – is an offence too. Anyone found guilty of making intimate visual recordings without a person’s consent or knowledge can go to jail for up to three years.
The Harmful Digital Communications Act 2015 makes it a crime for people to share sexual content electronically without the consent or knowledge of those involved. It’s often called “revenge porn”, and includes sharing things like:
Anyone found guilty of sharing sexual content about a person without their consent can be jailed for up to two years, or fined up to $50,000.
Crimes Act 1961 – New Zealand Legislation
Harmful Digital Communications Act 2015 – New Zealand Legislation
Non-fatal strangulation and/or suffocation (NFSS)
Strangulation (where pressure is applied to the neck) and suffocation (where the nose and/or mouth are covered making breathing difficult) can sometimes happen as part of sexual violence. People often call this "being choked". Medical assessments after a sexual assault can also assess for any injuries or effects of strangulation and/or suffocation.
There is a separate charge for strangulation and anyone found guilty of it can be jailed for up to seven years. You can also get help for strangulation that has occurred without sexual violence.