I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
A charge of incest is not reserved for sexual acts involving children, a person can be guilty of incest because of a sexual act performed with an otherwise consenting adult, but it is most commonly laid in relation to offending conduct perpetrated against a child (often in the course of maintaining a sexual relationship with a child to whom the accused person is related).
Incest is created by subsection 222(1) of the Criminal Code Act 1899 which provides that:
“Any person who—
- has carnal knowledge with or of the person’s offspring or other lineal descendant, or sibling, parent, grandparent, uncle, aunt, nephew or niece; and
- knows that the other person bears that relationship to him or her, or some relationship of that type to him or her;
commits a crime.
Maximum penalty—imprisonment for life.”
Incest is the crime of engaging in penetrative sex with a person you know to be your offspring or lineal descendant or otherwise related to you in a relevant way. The relationship between an accused person and a complainant does not have to be by blood and, pursuant to subsections 222(5) and (6) of the Act, the offence can be committed where the relationship is half, step (whether by marriage or de facto cohabitation), adoptive or a foster arrangement.
A charge of incest is not reserved for sexual acts involving children; a person can be guilty of incest because of a sexual act performed with an otherwise consenting adult, but it is most commonly laid in relation to offending conduct perpetrated against a child (often in the course of maintaining a sexual relationship with a child to whom the accused person is related).
What Actions Might Constitute Incest?
Any penetrative sexual act (called “carnal knowledge” under the law) when it is engaged in with a person to whom you are related will likely constitute the offence of incest.
There is no distinction under the law between types of penetrative sexual acts (for example oral, anal or genital) and any form of penetration, to any extent, can constitute the offence, providing the relevant relationship exists between the accused person and the complainant.
A biological grandfather who has sex with his grandson or granddaughter is likely guilty of incest in the same way that a young man or woman would be if they had sex with a foster, or adopted, sibling.
What the Police Must Prove
To convict you of incest it must be proved that you had carnal knowledge (that is, penetrative sex) with a person who was related to you as either:
- your child or other lineal descendant, or
- your sibling, parent, grandparent, uncle, aunt nephew or niece.
There is no need for the prosecution to prove any lack of consent where sex occurs between related people because, even if both parties are otherwise consenting adults, the offence can still be committed.
Possible Defences to a Charge Of Incest
As with all criminal charges, there is a “default defence” to a charge of incest where the prosecution evidence fails to prove all the elements of the offence beyond a reasonable doubt (for example because a person cannot be proved to have known that they are related to the person with whom they had otherwise consensual sex).
There are also 2 specific defences to a charge of incest in section 222 of the Act. Firstly, it is a defence to the charge if an accused person proves that they had carnal knowledge of their relative because of that relative’s coercion. Secondly, a person is not guilty of incest if they have sex with a step-relative in circumstances where that step-relationship commenced after both parties became adults.
Which Court Will Hear Your Matter?
Even though it is punishable by life imprisonment, a charge of incest will be heard and determined in the District Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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