Incest Offences Lawyer Melbourne

Incest is a criminal offence that involves sexual activity, sexual penetration, between people of specific relationships:

  • Sexual penetration of a child or lineal descendent of the accused; or
  • Sexual penetration of a stepchild (lineal descendent of a spouse or domestic partner); or
  • Sexual penetration of a parent, lineal ancestor, or step-parent of the accused; or
  • Sexual penetration of a sibling or half sibling of the accused.

Note – Lineal descendant can be a parent, grandparent, or grandchild.

The sexual penetration has to be intentional.

The accused person and the complainant have to be in one of the relationships listed above.

The accused must know that they are in that relationship. In other words, that they are related to the complainant.

The accused has to be over 18 years of age.

Note – Regarding alleged incest against a stepchild, and accused does not commit the offence, if at the time of the alleged offending the complainant was aged 18 years or more.

Complainant means a person that makes the complaint or report to police. Sometimes people equate this word, ‘complainant’, with the term ‘alleged victim’.

Adopted children are deemed to be both the children of their biological parents and adoptive parents. Therefore, incest can be committed in either relationship.

Incest is a complicated area of law and there are many exceptions, particularly in respect to the type of relationship. In other words, the type of familial relationship could mean that there are exceptions that apply.

If you are being investigated for, or have been charged with, incest call Elizabeth McKinnon immediately to seek expert legal advice.

Criminal Barrister Elizabeth McKinnon is a specialist lawyer in sex offences.  She is highly experienced in defending these types of charges. 

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