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Section 22 of Sexual Offences Act: Test of relationship

    

(1) In cases of the offence of incest, brother and sister includes half brother, half sister and adoptive brother and adoptive sister and a father includes a half father and an uncle of the first degree and a mother includes a half mother and an aunt of the first degree whether through lawful wedlock or not.
(2) In this Act—
(a) “uncle” means the brother of a person’s parent and “aunt” has a corresponding meaning;
(b) “nephew” means the child of a person’s brother or sister and “niece” has a corresponding meaning;
(c) “half-brother” means a brother who shares only one parent with another;
(d) “half-sister” means a sister who shares only one parent with another; and
(e) “adoptive brother” means a brother who is related to another through adoption and “adoptive sister” has a corresponding meaning.
(3) An accused person shall be presumed, unless the contrary is proved, to have had knowledge, at the time of the alleged offence, of the relationship existing between him or her and the other party to the incest.
(4) In cases where the accused person is a person living with the complainant in the same house or is a parent or guardian of the complainant, the court may give an order removing the accused person from the house until the matter is determined and the court may also give an order classifying such a child as a child in need of care and protection and may give further orders under the Children’s Act, 2001 (No. 8 of 2001).

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Disclaimer: This document is not to be taken as legal advise.

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