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There are the following general offences under the Crimes Act 1958 (Vic) ("Crimes Act (Vic)"):

  • rape and assault with intent to rape;
  • indecent assault;
  • incest;
  • administering drugs to enable sexual penetration;
  • sexual offences against young people; and
  • offences against people with impaired mental functioning.
  • General sexual offences can be found in the Crimes Act (Vic).

Incest takes place when there is sexual penetration of a person who the offender knows is his or her child or other "lineal descendant", or is his or her step-child, or the child or other lineal descendant or step-child of his or her de facto spouse, or his or her father or mother, or lineal ancestor, or step-father, step-mother, sister, half-sister, brother or half-brother.

Consent is not a defence for incest, although coercion by the other party is. Incest of a non-penetrative kind falls within the indecent assault or indecent act category, and is also a criminal offence.

The following are presumed unless the accused provides contrary evidence:

  • that the accused knew that he or she and the other person were related in the manner charged; and
  • that people who are reputed to be related in a particular way are, in fact, so related.  

How Can a Lawyer Help?
Sentencing and punishment for crimes are often harsh and can be brought against adults as well as juveniles. Being involved in the criminal or police process can be quite demanding, rigorous, and time consuming. It is often stressful on both the individual suspected of the crime, and that individual's friends and family. Hiring the right criminal defence law firm can often make a substantial difference in your case.

There is a common misconception that a criminal conviction is only recorded in major matters. This is not the case. In fact, most matters that go before the Court, including drink driving and traffic law matters, will result in a criminal conviction.

If you are concerned about a conviction being recorded against you and the potential impact on your future, speak to a lawyer as soon as possible, and they can advise you on your chances of obtaining a non-conviction order.

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