Intra Familial Sex Offences

What is the offence?

Section 329 of the Criminal Code covers offending against a child, where that child is a relative or de facto child.

Offending of this nature, like other child sexual offences, is considered extremely serious given the paramount concern of protecting children from abuse. Children are meant to be safe with their family members and intra-familial sex offending is therefore deemed to be serious.

A term of imprisonment would likely be imposed where a person is convicted under s329, save and except, rare and exceptional circumstances.

Penalties For Intra Familial Sex Offences

Section 329 lists a number of offences and corresponding penalties depending on the age of the victim.

Child Under 16 Years Of Age

Where a person commits one of the following sexual acts against a child who is under the age of 16 and who they know to be their lineal or de facto relative, the following penalties apply:

• Sexual penetration of a child that the person knows is a lineal relative or de facto child – 20 years imprisonment.
• Incite or encourage a child to engage in sexual behaviour – 20 years imprisonment.
• Indecently deal with child – 10 years imprisonment.
• Incite a child to commit an indecent act – 10 years imprisonment.
• Indecently record a child – 10 years.

Child Over 16 Years Of Age

Where a person commits one of the following sexual acts against a child who is of or over the age of 16 and who they know to be their lineal or de facto relative, the following penalties apply:

• Sexual penetration of a child that the person knows is a lineal relative or de facto child – 10 years imprisonment.
• Incite or encourage a child to engage in sexual behaviour – 10 years imprisonment.
• Indecently deal with child – 5 years imprisonment.
• Incite a child to commit an indecent act – 5 years imprisonment.
• Indecently record a child – 5 years.

For the purposes of s 329, the following terms are defined as follows:

• A “de facto child" is a step-child of a person or a child or step-child of a de facto partner of the person.
• A “lineal relative” is “a person who is a lineal ancestor, lineal descendant, brother, or sister, whether the relationship is of the whole blood or half-blood, whether or not the relationship is traced through, or to, a person whose parents were not married to each other at the time of the person’s birth, or subsequently, and whether the relationship is a natural relationship or a relationship established by a written law.”

Intra-familial offending where the parties are over the age of 18

Section 329(7) and (8) of the Criminal Code provides it is a crime for a person to sexually penetrate a person who is over the age of 18 years that they know to be a lineal relative. 

It is also a crime for a person who is over the age of 18 years to consent to being sexually penetrated by a person they know to be a lineal relative. 

Both offences under 329(7) and (8) of the Criminal Code carry a maximum penalty of imprisonment for 3 years.

Seek Legal Advice

Offences against a child, especially where the child is a relative or de facto child are serious matters and carry tough penalties upon conviction in the state of Western Australia.

If you have been recently charged with an offence against a child, contact the Andrew Williams Criminal Law Offices and speak with an experienced criminal lawyer. 

You can reach us on (08) 9278 2575.