Victorian Consolidated Legislation

Crimes Act 1958 - SECT 44

Incest

44. 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