Incest and Criminal Charges | Riendeau Attorneys

Criminal Accusations of Incest

Section 115 (1) of the Criminal code defines incest as a sexual intercourse with a parent, child, brother, sister, grandparent or grandchild. Therefore, the sexual intercourse must be proven, that it was consensual and that the defendant knew of the blood relation.

Incest laws : the Sexual Intercourse

Section 115 (1) of the Criminal code mentions a sexual intercourse. To be considered as such, there must be penetration, even to the slightest degree. Consequently, many gestures such as touching a private part without penetration could be subject to criminal accusations but would not be treated under this section of the criminal code related to incest.

Incest laws : Blended families

In an incest case, there a many nuance to consider, such as who is implicated in the sexual intercourse. Nowadays, there are many blended families and these new family units live together. In this context, you must know that the section 155 (4) of the Criminal code includes stepbrothers and stepsisters, with whom you are not allowed to have sexual intercourse. However, to be considered as such, they must be blood related. For example, a sexual intercourse with the child of your parent’s new partner would not be considered to be an incestuous act, if your parent didn’t participate to the conception of the child.

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If you have further questions regarding an incest accusation, do not hesitate to communicate with one of the lawyers at Riendeau Attorneys for a professional and non-judgmental service.