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(1) Any person who has sexual intercourse with a close family member who is of or above the age of 16 commits and offence.
(2) A close family member is a parent, son, daughter, sibling (including a half-brother or half-sister), grandparent or grandchild, being such a family member from birth.
Penalty:
Imprisonment for 8 years.
Summary/Indictable/mixed:
Mixed
Jurisdiction:
Local, District or Supreme Court
How committed:
A father has sexual intercourse with his 17 year old daughter.
Important note:
Defence:
It shall be a sufficient defence to a charge under section 78A or section 78B that the person charged did not know that the person with whom the offence is alleged to have been committed was related to him or her, as alleged.
Consent is NOT a defence.
No prosecution for an offence under sections 78A or 78B shall be commenced without the sanction of the Attorney-General.