While many people may have a general understanding of incest, how is it specifically defined in the legal context? Under Section 155(1) of the Canadian Criminal Code, incest is defined as knowingly engaging in sexual intercourse with a person related to you by blood, including your parent, child, sibling, grandparent, or grandchild. Additionally, Section 4(5) of the Criminal Code defines sexual intercourse as “penetration to even the slightest degree,” meaning ejaculation is not required for the act to be considered intercourse under the law.
Is Incest a Crime? Why?
Yes, incest is a crime under Canadian law. Section 155(1) makes it clear that incest is illegal, even if both parties are consenting adults. The Supreme Court of Canada has upheld this law, emphasizing its purpose to protect family structures and prevent exploitation. Relationships within families often involve inherent power imbalances, making it difficult to determine whether true consent has been given. Criminalizing incest serves to protect vulnerable individuals from potential sexual exploitation.
Additionally, the law aims to reduce the risk of genetic defects in children born from incestuous relationships. Despite a 1978 recommendation from the Law Reform Commission of Canada to decriminalize incest between consenting adults, Parliament has maintained the prohibition.
How Collett Read LLP Can Help
If you have been accused of incest, our experienced team of criminal defence lawyers at Collett Read LLP is here to assist you. We will thoroughly examine the specifics of your case, review the evidence presented by the Crown, and vigorously advocate on your behalf. Our goal is to ensure a fair and just legal process while protecting your rights every step of the way.
Contact us today at (905) 541-2228 or fill out our intake form for a free consultation.
