Incest

Facing Incest Charges in Victoria?

Incest is a very serious offence with very severe penalties. If you are charged with Incest reach out to one of our experienced lawyers at Gallant Law. Each case is unique and complex and the team at Gallant Law will take the time and care necessary to provide you with the best possible representation.

Please note that in 2017 the laws around Incest changed. If your alleged offending occurred before 2017, different laws may apply to you.

It is extremely important to engage a specialised lawyer who can thoroughly analyse your charges and represent you properly.
Please contact us at directly at Gallant Law so we can help you with your specific charges.

What Does the Law Say About Incest in Victoria?

The law is outlined in section 50C of the Crimes Act 1958. It states that a person commits
Incest if they:
(1) intentionally sexually penetrate another person, or cause a person to be sexually
penetrated;
(2) the people involved are in a family relationship; and
(3) the accused knew about the relationship.

What is the maximum penalty?

A person found guilty of Incest can receive up to a maximum of 25 years imprisonment.
They will also almost always be placed on the Sex Offender Register, which involves many
additional obligations.

Click here for more information.

What Must Police Prove for an Incest Charge?

The police (or prosecution) must prove each of the following elements beyond a reasonable
doubt: (Click here for more information on the meaning of ‘beyond a reasonable doubt’.)
(1) That the accused took part in act of sexual penetration with another person;
(2) That the sexual penetration was intentional;
(3) That the people involved were in the prescribed family relationship;
(4) That the accused knew about that relationship.

What is “sexual penetration”?

Sexual penetration includes where person A intentionally sexually penetrates person B or
where person A intentionally causes or allows person B to sexually penetrate person A.

Sexual penetration occurs where when a person introduces any part of their body or an
object into that person’s anus or vagina. A person can also sexually penetrate another if
they introduce their penis into another person’s mouth.

This means that both the person doing the penetrating and the person being penetrated are
considered to be taking part in an act of sexual penetration.

What Does “Intentional” Mean in an Incest Case?

The prosecution must show that the sexual penetration occurred deliberately and not
accidentally.

Who Is Considered a Family Member Under the Law?

Outlined in Subdivision 8C of the Crimes Act 1958, the following are considered to be a
family relationship:
The children or lineal descendants of the accused (s 50C);
The children or lineal descendants of the accused’s spouse or domestic partner (s
50D); (i.e. a step-child)
The parents, lineal ancestors or step-parents of the accused (s 50E);
The siblings or half-siblings of the accused (s 50F).

There are further definitions in the Crimes Act 1958, including who is a lineal descendent or
child and who is a parent, and what is a domestic partner, etc. For example, adopted
children are considered to be the children of both their natural parents and their adoptive
parents. That the accused knew about the relationship

So long as there is evidence of the particular prescribed relationship, it is assumed that the
accused knows they are related to the other person in the way alleged (this presumption
can be rebutted).

What are the possible defences?

Medical or hygienic purposes
Where the alleged conduct occurs in the course of a procedure carried out in good faith for
medical or hygienic purposes, this is not Incest.
Non-consent of accused
An accused will not be found guilty if they were compelled to engage in the conduct
constituting the offence by another person.
Consent of the complainant is NOT a defence to Incest.

Which court will I be going to?

As Incest is an indictable offence, it will be heard in the County Court.

What Should You Do If Charged with Incest?

If you have been charged with Incest contact Gallant Law on (03) 9070 9885 or
welcome@gallantlaw.com.au to speak of one of our lawyers immediately.

We service all of Australia.

*Please note this article only relates to a Victorian offence. For information on other states
and territories within Australia, please contact our office.

**Our website does not give legal advice.

This material is produced by Gallant Law lawyers. It is intended to provide general
information only, current at the time of first publication. The contents do not constitute
legal advice and should not be relied upon as such. Formal legal advice should always be
sought before acting or failing to act.

Article by Lauren Cassimatis – Principal lawyer

Meet Lauren Cassimatis

Principal Lawyer, Director & Founder | Accredited Criminal Law Specialist Lauren is one of Victoria’s leading criminal lawyers and a Law Institute of Victoria Accredited Specialist in Criminal Law.