2. Incest by a woman of or over 16

2. Incest by a woman of or over 16

It is an offence contrary to section 48 of the Crimes Ordinance (Cap. 200) for a woman of or over 16 to consent to her grandfather, father, brother or son having sexual intercourse with her knowing of that relationship. The consent of the Secretary of Justice is required for a prosecution for this offence.

The maximum penalty for the offence is 14 years’ imprisonment.

Sexual intercourse is complete upon the proof of penetration. Ejaculation is not required.

The words “grandfather”, “father”, “brother” and “son” are to be given their ordinary meaning. The word “woman” includes “girl”.

For this offence, “brother” includes “half-brother”. This is so regardless of whether the relationship between the person charged with the offence and the person with whom the offence is alleged to have been committed is or is not traced through lawful wedlock.

The prosecution must prove that the defendant knew that the man she had sexual with was her grandfather, father, brother or son at the time of the sexual intercourse. It is a defence if the woman was honestly mistaken about the identity of the person with whom she had sexual intercourse.