Incest

Question 1

List the ingredients of incest, Section 130 CA 1961

Answer 1

Sexual connection is incest if:

It is between two people whose relationship is that of a parent and child, siblings, half siblings or grandparent and grandchild and
the person charged knows of the relationship.

Question 2

Is it an offence for an adoptive parent to have sexual intercourse with his 18 year old daughter?

Answer 2

Yes, adoptive parents are considered parents, therefore this would be incest.

Question 3

For a charge of incest to be proven the offender is required to have a certain knowledge, what is that knowledge?

Answer 3

The offender/s must have the knowledge of a family relationship.

Question 4

Two things to prove around role in dependent family member?

Answer 4

• Role (set out in sections)

- Had power or authority over the dependent person

Question 5

16 year old sister and 18 year brother having consensual sex - can 16 year old be charged with incest?

Answer 5

Yes - a person of or over the age of 16 years who commits incest can be charged and is liable to imprisonment for a term not exceeding 10 years

Question 6

What are the key factors of incest?

Answer 6

The relationship and the knowledge of the relationship.

Must be of or over 16