Incest


Incest is considered to be a very serious offence. In Victoria, incest carries a maximum penalty of 25 years’ imprisonment.

The Offence of Incest

The offence of Incest is contained in section 44 of the Crimes Act 1958 which states:

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.

What the Police Must Prove

  • You took part in an act of sexual penetration with the complainant;
  • You took part in this act intentionally;
  • The complainant is your daughter/son/step-daughter or step-son, sister, brother;
  • At the time the offences occurred, you knew that the complainant was your child/step-child, sister, brother.

‘Sexual penetration’ is not confined to penetration by a penis, it can include the introduction of any part of a person’s body or an external object into the complainant’s vagina, anus or mouth.

See s 37D of the Crimes Act 1958 for detailed definition of ‘sexual penetration’.

Which Court Will Hear Your Matter?

As incest is a strictly indictable charge, it will be heard in the County Court.

Penalties the Court Can Impose for Incest

It is very likely that you will receive a gaol sentence if you are found guilty or enter a plea of guilty to the charge of incest.

It is important to discuss all your options with a lawyer to determine whether the Prosecution has proved all the necessary elements or whether there are any defences that apply.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

 

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.

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