Section 78A of the Crimes Act 1900 (NSW) outlines the offence of incest. Incest involves sexual intercourse with a close family member who is of or above the age of 16 years.
A close family member is any one of these people, being such a family member from birth:
Defences
It is a defence to this offence, according to s 78C of the Crimes Act 1900 (NSW) that the accused did not know that the person with whom the offence is alleged to have been committed was related to him or her. However, it shall be no defence to a charge of incest or attempted incest that the person with whom the offence is alleged to have been committed consented thereto. Further defences include duress or intoxication as a partial defence.
Penalties
The maximum penalty for this offence is 8 years imprisonment, however, an attempt to commit incest is also punishable, with a maximum penalty of 2 years imprisonment.
How can Prime Lawyers help you?
If you have been charged with incest or attempted incest, the experienced criminal lawyers at Prime Lawyers can assist you. They will ascertain all the facts of your matter and ensure that any defences are utilised to their full capacity (should they apply) in order to secure the best outcome for you.