1. Do I commit incest if I genuinely believe that the victim is not my daughter/ granddaughter/daughter/sister/mother/grandfather/father/brother/son?
Sections 47 and 48 of the Crimes Ordinance (Cap. 200) both require knowledge of the incestuous relationship at the time of the sexual intercourse. Unless the prosecution can prove beyond reasonable doubt that you knew of the relationship at the time of the sexual intercourse you will not be guilty.
Each case will depend upon its own facts. In deciding whether you knew of the relationship, the court will look at all relevant circumstances. The relevant circumstances include how the sexual intercourse occurred, what contact you had with each other before the sexual intercourse and what, if anything, you had been told about that person before the sexual intercourse occurred. If, on the totality of the evidence, there is a reasonable doubt about your knowledge of the relationship, you will be acquitted of the offence of incest.
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