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Incest

Incest is an offence under section 78A of the Crimes Act 1900 which carries a maximum penalty of 8 years in prison

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You had sexual intercourse
  2. With your close family member
  3. Who was at least 16 years of age

A ‘close family member’ is a biological parent, son, daughter, grandparent, grandchild or sibling, including a half-sibling

You are not guilty if you did not know the other person was a close family member

Sexual intercourse is defined by section 61HA as:

  1. Penetration to any extent of a female’s genitalia, or the anus of any person, by any part of, or object used by, another person, or
  2. Introduction of a penis into the mouth of another person, or
  3. Cunnilingus, or
  4. Continuation of any of the mentioned activities

Consent is not a defence to a charge of incest

A prosecution for the offence cannot be brought without the Attorney-General’s approval

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