(a)penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person of or above 16 years of age who is a close family relative (B);
Section history
Section 376G — Incest
As in force on 31 December 2021.
Timeline 4 versions
- 1 February 2008 Act 51 of 2007
- 1 January 2020 Act 15 of 2019
- 31 December 2021 You are here
- 1 March 2022 Act 23 of 2021
- 17 August 2026 Latest
(1)Any person (A) of or above 16 years of age who —
(b)sexually penetrates, with a part of A’s body (other than A’s penis, if A is a man) or anything else, the vagina or anus, as the case may be, of a person of or above 16 years of age who is a close family relative (B);
(c)causes or permits a man of or above 16 years of age who is a close family relative (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of A; or
(d)causes or permits a person of or above 16 years of age who is a close family relative (B) to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus, as the case may be, of A,
knowing that B is a close family relative, shall be guilty of an offence.
(2)For the purposes of subsection (1), B is a close family relative of A if B is A’s grandchild, child, sibling, half‑sibling, parent or grandparent (whether such relationship is or is not traced through lawful wedlock).
(3)A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 5 years.
(4)This section does not apply to an act of penetration mentioned in subsection (1) which would constitute an offence under section 375(1)(a), 375(1A)(a), 376(1)(a) or (2) or 376AA(1).
(5)To avoid doubt —
(a)it is not necessary for the prosecution to prove that B did consent to the act of penetration mentioned in subsection (1); and
(b)it is not a defence that B did consent to that act.
(6)A person below 18 years of age who is a victim of an offence under section 376AA is not guilty of an offence under this section in respect of the same acts constituting the offence under that section.