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

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

Three 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].

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 the accused is guilty of Incest (as long as

you have also answered yes to questions 1 and 2)

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)

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

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