Sexual offences
Sex with an adult relative
Sexual Offences Act 2003, ss.64–65
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 2 years’ custody
Actus reus
- A (16 or over) intentionally penetrates B, or B penetrates A, in the ways listed in SOA 2003, s.64 (penile / other penetration of vagina, anus or mouth as drafted); the relationship is a parent, grandparent, child, grandchild, brother, sister, half-sibling, or the adoptive/other relationships in the section.
Mens rea
- Intention as to the penetration. A knows or could reasonably be expected to know that they are related in that way (s.64(1)(d)).
Defences
Not a relationship within s.64 · Did not know and could not reasonably be expected to know of the relationship · Deny the penetration
Sentencing Council
Sentencing Council guideline effective 1 April 2014. Offence range: Fine – 2 years’ custody.
At the police station
s.65 is the non-penetrative adult-relative offence. Consent is not the issue — the relationship and knowledge of it are.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested. For this allegation we would normally want a solicitor involved early.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.