Laws Regarding Rape - New Zealand

New Zealand

Article 128 is entitled Sexual violation defined. Article 128 (1) states that Sexual violation is the act of a person who rapes another person or has unlawful sexual connection with another person. Article 128 (2) defines rape as follows:

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,—

(a) without person B's consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.

Article 128 (3) outlaws "unlawful sexual connection" (which refers to sexual acts other than those described in 128 (2) – i.e. without the penetration of genitalia by the penis – committed under the same circumstances of 128 (2).

Article 128 (4) makes it clear that spousal rape is illegal: "One person may be convicted of the sexual violation of another person at a time when they were married to each other."

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