Charged With Incest?
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Steve Williams of Forrest Williams
Historic Incest Offences
For an overview on historic sexual offences, please click here.
Incest cases involve sexual intercourse between family members. Men and women carrying out such acts are treated differently:
Incest By A Man
It is an offence for a man to have sexual intercourse with a woman who he knows to be his granddaughter, daughter, sister or mother; including adopted and illegitimate relatives. Consent is irrelevant but where consent is not present, the appropriate charge would be one of rape.
Most defences to this charge relate to the man not knowing the woman is such a relative, or cases of mistaken identity.
Maximum sentencing is as follows:
- Life imprisonment if the woman is under 13
- Seven years’ imprisonment otherwise
In cases of attempted incest, the maximum sentencing is as follows:
- Seven years’ imprisonment if the woman is under 13
- Two years’ imprisonment otherwise
Incest By A Woman
It is an offence for a woman aged 16 or over to permit a man to have sexual intercourse with her with her consent if she knows him to be her grandfather, father, brother or son; including where such relatives are adopted or illegitimate.
Again, most defences relate to the woman not knowing the man is such a relative, or cases of mistaken identity.
Maximum sentencing is as follows:
- Seven years’ imprisonment for incest
- Two years’ imprisonment for attempted incest
Inciting Incestuous Intercourse With A Girl Under 16
It is an offence for a man to incite his granddaughter, daughter or sister to have sexual intercourse with him. Sexual intercourse does not have to have occurred for this offence to be committed.
The section applies to adopted and illegitimate relatives but the man will have a defence if he did not know that the girl was such a relative.
The maximum sentence for this offence is two years’ imprisonment.
If you are being investigated for, or charged with, historic incest offences it is vital that you seek specialist legal help as soon as possible. Call us now for a free review of your case on 01623 600645.