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.
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.