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7.3.9.4 - Checklist: Incest with child of de facto spouse (Pre- 1/7/17)

Click here to obtain a Word version of this document for adaptation.

 

Five elements the prosecution must prove beyond reasonable doubt:

  1. The accused took part in an act of sexual penetration with the complainant; and
  2. The accused intended to take part in that act of sexual penetration with the complainant; and
  3. The complainant is the [insert relevant family relationship] of the accused’s de facto spouse; and
  4. The accused knew that the complainant was the [insert relevant family relationship] of [his/her] de facto spouse; and
  5. The complainant was under the age of 18 at the time the act of sexual penetration took place.

 

Accused’s Acts

1. Did the accused take part in an act of sexual penetration with the complainant?

If Yes, then go to 2

If No, then the accused is not guilty of Incest

Accused’s Intention

2. Did the accused intend to take part in that act of sexual penetration with the complainant?

If Yes, then go to 3

If No, then the accused is not guilty of Incest

Relationship between the Accused and the Complainant

3. Is the complainant the [insert relevant family relationship] of the accused’s de facto spouse?

Consider – A "de facto" spouse is someone who lives with a person of the opposite sex as if they are married although they are not.

If Yes, then go to 4

If No, then the accused is not guilty of Incest

Knowledge of the Accused

4. Did the accused know that the complainant was the [insert relevant family relationship] of [his/her] de facto spouse?

If Yes, then go to 5

If No, then the accused is not guilty of Incest

Age of the Complainant

5. Was the complainant under the age of 18 at the time of the sexual penetration?

If Yes, then the accused is guilty of Incest

(as long as
you have also answered yes to questions 1,2,3 and 4)

If No, then the accused is not guilty of Incest

 

Last updated: 6 June 2006

See Also

7.3.9 - Incest (Pre-1/7/17)

7.3.9.1 - Charge: Incest with child, step-child or sibling (Pre- 1/7/17)

7.3.9.2 - Checklist: Incest with child, step-child or sibling (Pre- 1/7/17)

7.3.9.3 - Charge: Incest with child of de facto spouse (Pre- 1/7/17)

7.3.9.5 - Charge: Incest with parent (Pre- 1/7/17)

7.3.9.6 - Checklist: Incest with parent (Pre- 1/7/17)