130 Incest

Question 1

Incest.
(ASPE)

Answer 1

INCEST CA61 s130(1)
10 years

A person

Has sexual connection with:
Parent
Child
Sibling
Half Sibling
Grandparent
Grandchild

And the person charged knew of the relationship

Question 2

Can a person be charged with Incest if there was no consent?

Answer 2

No. If there was no consent then the person is liable for the greater offence of Sexual Violation s128.

Question 3

Can a person who has sexual connection with a step child be charged with Incest?

Answer 3

No. Because this is not one of the specified relationships for incest. (If the child had been adopted by the parent then it would be one of the specified relationships).

If the step parent had some power or authority over the child then the offence may be 131 Sexual Conduct With a Dependent Family Member.
This could apply to uncles and aunts too.

Question 4

Can a 15 year old boy commit Incest against his 11 year old sister?

Answer 4

No. Incest requires the offender to be over 16. Also, the sister may not have been in a position to give informed consent.