South Australian Numbered Acts

CRIMINAL LAW CONSOLIDATION (RAPE AND SEXUAL OFFENCES) AMENDMENT ACT 2008 (NO 10 OF 2008) - SECT 10

10—Substitution of section 72

Section 72—delete the section and substitute:

72—Incest

        (1)         A person who has sexual intercourse with a close family member is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

        (2)         It is a defence to a charge of an offence against this section for the accused to prove that he or she did not know, and could not reasonably have been expected to know, that the person was a close family member.

        (3)         In this section—

"close family member", in relation to a person, means—

            (a)         a parent; or

            (b)         a child; or

            (c)         a sibling (including a half-brother or half-sister); or

            (d)         a grandparent; or

            (e)         a grandchild,

of the person, but does not include such a family member related to the person by marriage or adoption alone.