Going to Court? Book Your Free First Appointment

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

What Our Clients Say SEE ALL

  • ★★★★★

    Best possible outcome on a very sensitive case

    This is a gesture of appreciation, not only from myself but also on behalf of…

  • ★★★★★

    Very helpful and supportive all through out the whole process

    Very happy with the outcome towards the end of a very difficult situation. I will…

  • ★★★★★

    Great professionalism and empathy

    My experience with Sydney Criminal Lawyers was one of great professionalism and empathy. Our lawyer…

  • ★★★★★

    It is rare a lawyer has such sensitivity towards their clients needs

    Sydney Criminal Lawyers has been an incredible contribution towards ensuring justice was achieved for one…

Going to Court? Call For Your Free First Appointment