Incest/DFM/Mental impairment

Question 1

Incest
Section, Act, Elements

Answer 1

Incest
Section 130(1) Crimes Act 1961

1) A person
2) Has sexual connection
3) With a parent or child or half sibling or grandparent
4) And the person charged knew of the relationship

Question 2

Sexual Conduct with a dependant family member (DFM)
Section, Act, Elements

Answer 2

Sexual Conduct with a Dependant Family Member
Section 131(1) Crimes Act 1961
1) A person
2) Has Sexual Connection
3) With a dependant family member
4) over the age of 16

Question 3

Are adoptive parents liable for incest?

Answer 3

Yes. Birth parents remain parents, adoptive parents are also considered parents.

Question 4

Are step parents considered parents?

Answer 4

No. consider charging under s131 Sexual conduct with a dependant family member
Or if no consent - s128 SexualViolation

Question 5

Explain knowledge of the relationship

Answer 5

For a charge of Incest it is essential that each person charged knew of their relationship before or at the time of the sexual connection. The Onus is on the crown to prove this

Question 6

What age do you need to be to be liable for incest?

Answer 6

Each party who was or over the age of 16 years old at the time of the act is liable as the principle offender.

Question 7

What section defines a DFM?

Answer 7

Section 131A.
Key words are that the person had Power or Authority over him or her AND has a responsibility for, or a significant role in his or her upbringing.

Question 8

What does the crown need to prove in relation to Sexual Conduct with a DFM

Answer 8

That the person charged had a role as defined as a DFM AND
Had power or authority over the dependant person.