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:
- You had sexual intercourse
- With your close family member
- 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:
- 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
- Introduction of a penis into the mouth of another person, or
- Cunnilingus, or
- 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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