(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
Section history
Section 376G — Incest
Consolidated view is experimental and may be broken for certain provisions.
Amendments
Section 376G — 1 February 2008 to 1 January 2020superseded
(1)Any man of or above the age of 16 years (A) who —
(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.
Section 376G — From 1 January 2020 (current)rewritten by Criminal Law Reform Act 2019
(1)Any person (A) of or above 16 years of age who —
(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);
(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)2022376(2)2022 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.