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7.3.9.6 - Checklist: Incest with parent (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 [name of other participant]; and
  2. The accused intended to take part in that act of sexual penetration with [name of other participant]; and
  3. [Name of other participant] is the [insert relevant family relationship] of the accused; and
  4. The accused knew that [name of other participant] was [his/her] [insert relevant family relationship]; and
  5. The accused was aged 18 or older 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 [name of other participant]?

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?

If Yes, then go to 3

If No, then the accused is not guilty of Incest

Relationship between the Accused and the Other Participant

3. Is [name of other participant] the [insert relevant family relationship] of the accused?

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 [name of other participant] was [his/her] [insert relevant family relationship]?

If Yes, then go to 5

If No, then the accused is not guilty of Incest

Age of the Accused

5. Was the accused aged 18 or older 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)

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

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