Punishment Of Incest Act 1908
Incest by males.
48 & 49 Vict. c. 69.
F1[1. (1) Any male person who has carnal knowledge of a female person, who is to his knowledge his grand-daughter, daughter, sister or mother, shall be guilty of an offence and shall be liable on conviction on indictment to F2[imprisonment for a term not exceeding 10 years].
(2) It shall not be a defence to proceedings for an offence under this section for the defendant to show that the carnal knowledge was had with the consent of the female person.]
(3) F3[…]
Annotations:
Amendments:
F1
Substituted (2.09.2019) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 28, S.I. No. 434 of 2019.
F2
Substituted (2.09.2019) by Criminal Law (Sexual Offences) (Amendment) Act 2019 (4/2019), s. 2, S.I. No. 436 of 2019.
F3
Deleted (5.07.1995) by Criminal Law (Incest Proceedings) Act 1995 (12/1995), s. 5(b), commenced on enactment.
Editorial Notes:
E6
Provision for higher sentences in cases of second or subsequent offences under section made by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 58, as inserted (2.09.2019) by Criminal Law (Sexual Offences) (Amendment) Act 2019 (4/2019), s. 4, S.I. No. 436 of 2019.
E7
Offence under section designated a sexual offence (29.04.2016) by Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), s. 4 and sch. 1 part 2 item 5, S.I. No. 215 of 2016.
E8
Withholding information in relation to offence against child or vulnerable person under section designated an offence (1.08.2012) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), ss. 2, 3 and sch. 1 item 8, sch. 2 item 6, S.I. No. 281 of 2012.
E9
Retrial procedure for offence under section and court approval required for exercise of powers where acquittal provided (1.09.2010) by Criminal Procedure Act 2010 (27/2010), ss. 7-18 and sch., S.I. No. 414 of 2010.
E10
Offence under section designated a sexual offence (27.09.2001) by Sex Offenders Act 2001 (18/2001), s. 3, S.I. No. 426 of 2001.
E11
Offence under section designated a serious offence (15.05.2000) by Bail Act 1997 (16/1997), s. 1(1) and sch. item 9, S.I. No. 118 of 2000.
E12
Previous affecting provision: provision for search warrant in relation to offence under section made (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4/1997), s. 10, commenced as per s. 21; section substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 6(1)(a), S.I. No. 390 of 2006.
E13
Previous affecting provision: complainant in relation to offence under section entitled to legal advice as provided (16.12.1995) by Civil Legal Aid Act 1995 (32/1995), s. 26(3)(b), commenced on enactment; provision substituted (24.07.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 25(c), commenced on enactment.
E14
Previous affecting provision: subs. (1) amended (5.07.1995) by Criminal Law (Incest Proceedings) Act 1995 (12/1995), s. 5(a), commenced on enactment; section substituted as per F-note above.
E15
Previous affecting provision: section amended (3.05.1993) by Criminal Justice Act 1993 (6/1993), s. 12, commenced as per s. 14(2); section substituted as per F-note above.
E16
Previous affecting provision: section amended (28.02.1935) by Criminal Law Amendment Act 1935 (6/1935), s. 12, commenced on enactment; section substituted as per F-note above.