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Crimes Act 1900
62Incest and similar offences
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62 Incest and similar offences
(1) A person who engages in sexual intercourse with another person,
being a person who is under the age of 10 years and who is, to the
knowledge of the firstmentioned person, his or her lineal descendant,
sister, half-sister, brother, half-brother or stepchild, is guilty of an
offence punishable, on conviction, by imprisonment for 20 years.
(2) A person who engages in sexual intercourse with another person,
being a person who is under the age of 16 years and who is, to the
knowledge of the firstmentioned person, his or her lineal descendant,
sister, half-sister, brother, half-brother or stepchild, is guilty of an
offence punishable, on conviction, by imprisonment for 15 years.
(3) A person who engages in sexual intercourse with another person,
being a person who is of or above the age of 16 years and who is, to
the knowledge of the firstmentioned person, his or her lineal ancestor,
lineal descendant, sister, half-sister, brother or half-brother, is guilty
(4) A person shall not be convicted of an offence against subsection (2)
or (3) if there is evidence that he or she engaged in the act alleged to
constitute the offence under the coercion of the person with whom the
offence is alleged to have been committed unless the evidence is
rebutted by the prosecution.
(5) A person charged with an offence against this section shall, unless
there is evidence to the contrary, be presumed to have known at the
time of the alleged offence that he or she and the person with whom
the offence is alleged to have been committed were related in the way
charged.
stepchild, in relation to a person, means a person in relation to whom
the firstmentioned person stands in place of a parent.