minor consent new-zealand
Is it illegal for a driver to ask a young lady to get in?
<p>This question has been induced by <a href="https://www.stuff.co.nz/national/crime/109790435/attempted-abduction-of-girl-16-on-aucklands-north-shore" rel="nofollow noreferrer">this news</a> where the police is apparently searching for a driver who asked a 16-year-old lady to get into his car.</p>

<p>The age of consent in New Zealand is 16, therefore it would not have been a crime for an adult to date her. On the face of it, there was no force involved: he asked, she rejected and walked away — something that routinely happens all the time. Were there any laws broken?</p>

<p><strong>Clarification</strong></p>

<p>As the answers and comments point out, the news article may well be omitting details/evidence that would affect whether any laws were broken. However, this question does not aim to find out whether any laws were broken in that particular incident. It aims to discuss a <strong>hypothetical case</strong> where all that happened is what described in the article, nothing more nothing less. Specifically, let's assume:</p>

<ol>
<li>A guy in his 30s-40s driving a car stops by a 16-year-old girl and asks for directions;</li>
<li>He then asks her inappropriate questions;</li>
<li>Finally, he opens the passenger door and asks her to get in;</li>
<li>The girl quickly walks away.</li>
</ol>

<p>At no point the guy threatens or tries to force her in, and at no point she has to "fight back" as the police communicates what happened.</p>

<h2>Broadly speaking no crime was committed.</h2>
<hr />
<p>I don't know if harassments is a crime in New Zealand. If it is, then he committed it.</p>
<p>Being a creepy pervert to people above the age of consent is not a crime. As long as he didn't expose himself. (sadly).</p>
<p>The young girl in question was 16 which is the age of consent in New Zealand, and it seems like the guy didn't press further when rejected, and was rather open about his intentions. So I would say it would be hard to prove that he had intentions to kidnap the girl.</p>
<h3>That being said</h3>
<p>I think this individual needs help. And a warning from an officer about what is/isn't acceptable behavior could prevent this individual from doing somethin bad. This is called proactive law enforcement. As knowing that the law has their eye on you can curb bad behavior.</p>
<h3>On what you are really asking</h3>
<blockquote>
<p>This question is basically about whether it was just to presume that the man indeed had criminal intention -- Greendrake</p>
</blockquote>
<p>I think you are confused about something... the police wanting to speak to you in no way implies that they presume that you have committed a crime.</p>
<p>You do not have have committed a crime to be a person of interest to the police. The police are allowed to look for people who committed a crime, were a witness to a crime, or just need a little heart to heart talk to remind them of the straight and narrow way.</p>
<p>To put it another way... The police wanting to speak to someone <strong>does not mean that they think the person has committed a crime</strong>.</p>
<h3>What do I think of this incident?</h3>
<p>The polices response, is good. Exactly what they should do. I would hope that the police would try to find an older individual who is driving around town and asking inappropriate questions/making what sounds like sexual suggestions to young teenage girls... Regardless of said teenage girls being over the age of &quot;consent&quot;. Sounds like this individual is a bit of a pedophile... And I do not use that term lightly. Frankly, I don't think that someone should behave that way any lady regardless of age, manner of dress, etc... And hope to live in a place/time where crime is low enough that the police can address that sort of harassment.</p>
<p>I would not want such an individual driving around in my neighborhood.</p>

<blockquote>
  <p>Were there any laws broken?</p>
</blockquote>

<p>That will be a matter for the judge and the jury.</p>

<p>However, in the total context, there are certainly grounds for charges to be laid:</p>

<blockquote>
  <p><strong><a href="http://www.legislation.govt.nz/act/public/1961/0043/latest/DLM329775.html" rel="nofollow noreferrer">209 Kidnapping</a></strong></p>
  
  <p>Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by fraud or duress,—</p>
  
  <p>(a) with intent to hold him or her for ransom or to service; or</p>
  
  <p>(b) with intent to cause him or her to be confined or imprisoned; or</p>
  
  <p>(c) with intent to cause him or her to be sent or taken out of New Zealand.</p>
</blockquote>

<p>and</p>

<blockquote>
  <p><strong><a href="http://www.legislation.govt.nz/act/public/1961/0043/137.0/DLM328517.html" rel="nofollow noreferrer">72 Attempts</a></strong></p>
  
  <p>(1)
  Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his or her object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.</p>
  
  <p>(2)
  The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.</p>
  
  <p>(3)
  An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.</p>
</blockquote>

<p>Offering someone a lift is not a crime. Offering someone a lift after asking them "inappropriate questions" may very well be.</p>
