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Any people who are related either as parent and child, grandparent and grandchild or as brother and sister (including half-siblings) who have sexual intercourse with each other are guilty of an offence. This does not include a family member related by marriage or adoption alone.

Maximum penalty: 10 years imprisonment

[Criminal Law Consolidation Act 1935 (SA), s 72]

The consent of the parties to the sexual intercourse is irrelevant, however, ignorance of the relationship may be a defence (for example, a brother and sister separated from birth and unaware that they are related) [s 72(2)].

Incest  :  Last Revised: Fri Sep 5th 2014
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