Incest

Question 1

What section is incent?

Answer 1

S130

Question 2

What is incest

Answer 2

Is sexual connection between 2 people whose relationship is that of

• parent and child
• siblings
• half-siblings
• grand parent and grandchild

and the person charged knows of the relationship

Question 3

What is the minimum charging age

Answer 3

16

Question 4

Is consent a defence?

Answer 4

No as incest is done with the consent of both parties. If there is no consent then a sexual violation charge is more appropriate

Question 5

What happens if the child is adopted?

Answer 5

Then both the birth parents and adoptive parents count as parents.
If only one parents adopts the child and their partner only consents to the adoption, then the consenting partner is not a parent and therefore cannot be charged with incest.

Question 6

Step parents and children?

Answer 6

A step parents is not covered under incest and may come under s131 sexual conduct with a dependent family member

Question 7

What must be known by the offender for the charge to be successful

Answer 7

The relationship between the two parties was known to the defendant