Incest
The offence of incest is outlined in section 155(1) of the Criminal Code.
A person commits the offence of incest when they have sexual intercourse with their biological parent, child, sibling, half-sibling, grandparent, or grandchild.
Examples
Person A has sex with person B despite knowing that they have the same father but not the same mother.
Person C, who was raised by their aunt, has sex with their biological father after meeting him for the first time.
Cases
R. v. W.N., 2018 ONSC 3443
In R. v. W.N., the accused was charged with incest after engaging in a variety of sexual activities on 15 occasions with his 22-year-old developmentally delayed daughter after she had asked him a question about female development.
R. v. L.(B.), 2012 ONCJ 592
In R. v. L.(B.), the accused was charged with one count of incest, after engaging in sexual intercourse with his biological daughter multiple times over a span of three years, starting when she was just 10 years old in 1997.
Offence Specific Defence(s)
No Blood Relation
Where the person’s relative is not related to them by blood, the person has not completed the offence of incest by having sexual intercourse with them. For example, if person A has sexual intercourse with their stepbrother, then person A has not completed the offence of incest.
No Sexual Intercourse
Where the person engages in sexual actions other than sexual intercourse, meaning actions of a sexual nature where no penetration is involved such as kissing or sexual touching, with their biological parent, child, sibling, half-sibling, grandparent, or grandchild, they may not have completed the offence of incest.
Other Familial Relationship
Where the person has sexual intercourse with a biological relative other than their parent, child, sibling, half-sibling, grandparent, or grandchild, they may not have completed the offence of incest. For example, if person A has sexual intercourse with their second cousin, they may not have completed the offence of incest.
Restraint, Duress, or Fear
Where the person was under restraint, duress, or fear of the relative with whom they had sexual intercourse at the time the intercourse occurred, that person may not be convicted of incest. For example, if person A scares person B, their daughter, into having sexual intercourse with them by threatening them, person B will not be convicted of incest.
