Qualified Team of Defence Lawyers
CHARGED WITH Incest?
Criminal defence lawyer for incest charges
WHAT IS Incest ACCORDING TO THE CRIMINAL CODE?
Section 155 of the Code prohibits incest. The Code defines incest as sexual intercourse with a person related by blood. This could be a brother and sister or a grandparent and grandchild for example. Subsection (4) of the provision also includes half-siblings.
There are two main purposes for this provision. First, parliament created this offence to prevent genetic mutations due to inbreeding. Inbreeding can result in severe disorders to children born of these unions. These children are at great risk in suffering physical and mental disabilities which result in suffering and death. Second, this provision is meant to protect vulnerable members of society.
WHAT DOES THE PROSECUTION HAVE TO PROVE?
The prosecutor must prove that the accused had sexual intercourse with a person whom the accused knows is related to him or her by blood. Interpretation of sexual intercourse is broad and includes penetration to the slightest degree. Sexual intercourse has not been limited to only vaginal intercourse.
Defending Incest charges
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PENALTIES FOR INCEST
EXPLORING LEGAL COURSES OF ACTION
First, you should know that incest is a straight indictable offence. This means the accused will have the choice of proceeding in the Provincial Court or at The Court of Queen’s Bench. Secondly, there is a mandatory minimum sentence of five years imprisonment, if the victim is under the age of 16 years old. Some provinces have held this provision as unconstitutional, but this has not yet been addressed in Alberta. The maximum sentence is 14 years imprisonment. Several court orders such as a mandatory firearms prohibition and an order that restricts liberty would likely follow the sentence. Contact our team to fight your charges.