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Section 376G — Incest

As in force on 21 November 2010.

Timeline 4 versions
  1. 1 February 2008 Act 51 of 2007
  2. 21 November 2010 You are here
  3. 1 January 2020 Act 15 of 2019
  4. 1 March 2022 Act 23 of 2021
  5. 17 August 2026 Latest
376G.Incest

(1)Any man of or above the age of 16 years (A) who —

(a)sexually penetrates the vagina or anus of a woman (B) with a part of A’s body (other than A’s penis) or anything else; or

(b)penetrates the vagina, anus or mouth of a woman (B) with his penis,

with or without B’s consent where B is to A’s knowledge A’s grand-daughter, daughter, sister, half-sister, mother or grandmother (whether such relationship is or is not traced through lawful wedlock), shall be guilty of an offence.

(2)Any woman of or above the age of 16 years who, with consent, permits her grandfather, father, brother, half-brother, son or grandson (whether such relationship is or is not traced through lawful wedlock) to penetrate her in the manner described in subsection (1)(a) or (b), knowing him to be her grandfather, father, brother, half-brother, son or grandson, as the case may be, shall be guilty of an offence.

(3)Subject to subsection (4), a man who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 5 years.

(4)If a man commits an offence under subsection (1) against a woman under 14 years of age, he shall be punished with imprisonment for a term which may extend to 14 years.

(5)A woman who is guilty of an offence under subsection (2) shall be punished with imprisonment for a term which may extend to 5 years.

[UK SOA 2003, s. 64; SPC 1985 Ed., ss. 376A, 376B, 376C (repealed)]