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Section 138: Incest - Severe penalties for known relative intercourse

138.Incest

(1)Any person who has sexual intercourse with another person with whom, to his or her knowledge, any of the following relationships exists—

mother father
mother’s daughter father’s son
daughter son
father’s mother father’s father
mother’s mother mother’s father
son’s daughter son’s son
daughter’s daughter daughter’s son
sister brother
wife’s mother husband’s father
wife’s daughter husband’s son
father’s sister father’s brother
mother’s sister mother’s brother
brother’s daughter brother’s son
sister’s daughter sister’s son
father’s brother’s daughter father’s brother’s son
mother’s sister’s daughter mother’s sister’s son
son’s wife daughter’s husband
father’s wife mother’s husband
commits an offence and is liable, on conviction, to imprisonment for a term of seven years or, if that other person is under the age of eighteen years of age, to imprisonment for life.

(2)It is immaterial that sexual intercourse took place with the consent of the other person.

(3)Where a person is convicted of an offence under this section in relation to a person under the age of twenty-one years, the court may divest the offender of all authority over that person, and if the offender is the guardian of that person the court may order the termination of the guardianship and appoint another person as guardian.

(4)The High Court may, at any time, vary or rescind an order made under subsection (3) by the appointment of any other person as a guardian or in any other respect.

Plain English Summary

You must not have sexual intercourse with a person you know is your close relative, including parents, children, siblings, aunts, uncles, and many oth...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

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