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Incest
Incest
What the Law states - Incest
Crimes Act 1958 - SECT 44
Incest44. Incest
(1) A person must not take part in an act of sexual penetration with a person whom he or she knows to be his or her child or other lineal descendant or his or her step-child.
Penalty: Level 2 imprisonment (25 years maximum).
(2) A person must not take part in an act of sexual penetration with a person under the age of 18 whom he or she knows to be the child or other lineal descendant or the step-child of his or her de facto spouse.
Penalty: Level 2 imprisonment (25 years maximum).
(3) A person who is aged 18 or older must not take part in an act of sexual penetration with a person whom he or she knows to be his or her father or mother or other lineal ancestor or his or her step-father or step-mother.
Penalty: Level 6 imprisonment (5 years maximum).
(4) A person must not take part in an act of sexual penetration with a person whom he or she knows to be his or her sister, half-sister, brother or half-brother.
Penalty: Level 6 imprisonment (5 years maximum).
(5) Consent is not a defence to a charge under this section.
(6) A person who is compelled by another person to take part in an act of sexual penetration in any of the circumstances referred to in subsection (1), (2), (3) or (4) is not guilty of an offence against this section.
(6A) For the purposes of this section, a person compels another person (the victim) to take part in an act of sexual penetration if the person compels the victim (by force or otherwise) to engage in that act without the victim's consent.
(7) In all proceedings for offences under this section (except under subsection (2)) it shall be presumed in the absence of evidence to the contrary-
(a) that the accused knew that he or she was related to the other person in the way alleged; and
(b) that people who are reputed to be related to each other in a particular way are in fact related in that way.
(8C) Sexual offences against children
Maximum Penalty in Victoria
5 - 25 years depending on section
What the Prosecution must prove - Incest - Vic
(a) The accused knowingly and intentionally engaged in sexual penetration, where the other person was his or her child, other lineal descendant, step-child, defacto spouse (where the child is under the age of 18), father, mother, lineal ancestor, stepfather, stepmother, sister, half sister, brother or half brother.
Possible Defences - Incest
(a) Duress.
(b) Factual dispute.
(c) Honest and reasonable mistake of belief.
(d) Identification dispute.
Which court will hear the charge of Incest
County Court.
