Incest

Question 1

Incest (what is section of Crimes Act)

Answer 1

Section 130

Question 2

Term of imprisonment for Incest

Answer 2

10 years

Question 3

What is Incest?

Answer 3

Sexual Connection is incest if:

a) it is between 2 people whose relationship is that of parent and child, siblings, half-siblings, or grandparent and grandchild;
AND
b) the person charged knows of the relationship.

Question 4

Is there consent re: Incest?

Answer 4

There is no defense. It is carried out WITH consent. IF not, then sexual violation is appropriate.

Question 5

Relationships between parent and child (birth vs adopted)

Answer 5

Birth parents remain “parents” and adoptive parents also considered “parents”.

Question 6

Can adopted parents be liable for incest?

Answer 6

Occasionally, one spouses adopts the child and the other consents to adoption.

The person that adopts would be liable (incest), whoever the other person consents to the adoption would liable under:

Sexual Conduct with Dependent Family Member (Crimes Act).

Question 7

Step Relationships

Answer 7

A stepparent and stepchild are not “parent and child” under section 130.

Sexual intercourse between stepparent and stepchild may instead come under section 131:

Sexual Conduct with Dependent Family Member (Crimes Act).

Question 8

Knowledge of Relationship

Answer 8

Incest:
It is essential that each person charged knew of their relationship before or at the time of sexual connection. Onus is on the Crown to prove knowledge.