7.3.8.6 – Checklist: Incest with parent (From 1/7/17)

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Four elements the prosecution must prove beyond reasonable doubt:

1. The accused intentionally sexually penetrated the complainant;[1] and

2. The complainant is the [insert relevant family relationship] of the accused; and

3. The accused knew that the complainant was [his/her] [insert relevant family relationship]; and

4. The accused was aged 18 or older.

Accused’s Acts

1. Did the accused intentionally sexually penetrate the complainant?

If Yes, then go to 2

If No, then the accused is not guilty of Incest

Relationship between the Accused and the Complainant

2. Is the complainant the [insert relevant family relationship] of the accused?

If Yes, then go to 3

If No, then the accused is not guilty of Incest

Knowledge of the Accused

3. Did the accused know that the complainant was [his/her] [insert relevant family relationship]?

If Yes, then go to 4

If No, then the accused is not guilty of Incest

Age of accused

4. 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 and 3)

If No, then the accused is not guilty of Incest

Notes

[1] If the charge involves the accused causing or allowing the complaint to sexually penetrate the accused, the checklist must be modified accordingly.

See Also

7.3.8 - Incest (From 1/7/17)

7.3.8.1 - Charge: Incest with child or lineal descendant (From 1/7/17)

7.3.8.2 - Charge: Incest with step-child (From 1/7/17)

7.3.8.3 - Charge: Incest with sibling or half-sibling (From 1/7/17)

7.3.8.4 – Checklist: Incest with child, lineal descendant, step-child or sibling (From 1/7/17)

7.3.8.5 - Charge: Incest with parent, lineal ancestor or step-parent (From 1/7/17)