2AF2 Incest.

1

Any male person who has sexual intercourse with a person related to him in a degree specified in column 1 of the Table set out at the end of this subsection, or any female person who has sexual intercourse with a person related to her in a degree specified in column 2 of that Table, shall be guilty of incest, unless the accused proves that he or she—

a

did not know and had no reason to suspect that the person with whom he or she had sexual intercourse was related in a degree so specified; or

b

did not consent to have sexual intercourse or to have sexual intercourse with that person; or

c

was married to that person, at the time when the sexual intercourse took place, by a marriage entered into outside Scotland and recognised as valid by Scots law.

Table Degrees of Relationship

Column 1

Column 2

1.Relationships by consanguinity

Mother

Father

Daughter

Son

Grandmother

Grandfather

Grand-daughter

Grandson

Sister

Brother

Aunt

Uncle

Niece

Nephew

Great grandmother

Great grandfather

Great grand-daughter

Great grandson

2.Relationships by adoption

Adoptive mother or former adoptive mother

Adoptive father or former adoptive father

Adopted daughter or former adopted daughter

Adopted son or former adopted son

2

For the purpose of this section, a degree of relationship exists in the case of a degree specified in paragraph 1 of the Table—

a

whether it is of the full blood or the half blood; and

b

even where traced through or to any person whose parents are not or have not been married to one another.

3

For the avoidance of doubt sexual intercourse between persons who are not related to each other in a degree referred to in subsection (1) above is not incest.