130 - Incest

Question 1

What’s is the Act, Section and Elements of Incest ?

Answer 1

CA 1961
Section 130
*Between 2 people whose relationship is that of a parent and child, siblings, half siblings, or grandparents and grandchild
*Person charger knows of the relationship

Question 2

What are the key factors of Incest ?

Answer 2

Relationship
AND
Knowledge of relationship

Question 3

How old does the offender have to be ?

Answer 3

Must be of over the age of 16

Question 4

Is consent a defence to charge ?

Answer 4

No

Question 5

Do both parties of incest need to consent ?

Answer 5

Yes, incest is carried out WITH consent of both parties

IF NOT then a charge or sexual violation is appropriate

Question 6

Who are parents if a child is adopted ?

Answer 6

The birth parents remain ‘parents’ and the adoptive parents are also consider parents.

Question 7

What happens is one of the spouses adopts the child and the other spouses merely consents to the adoption ?

Answer 7

The consenting spouse is NOT an adoptive parent and so CANNOT be charged with incest.

Question 8

What is the penalty ?

Answer 8

Imprisonment not exceeding 10 years