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Incest · Cairns & Far North QLD

Incest charge lawyer in Cairns

An incest charge affects your whole family as well as you, and is often laid alongside other charges. Talk to Joseph Rahim in confidence before you speak to police.

Free, confidential first consultation. No obligation.

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The charge

What the prosecution must prove

Incest is an offence under section 222 of the Criminal Code Act 1899 (Qld).

The elements

The prosecution must prove penile intercourse with a family member of a kind listed in the section, and that you knew the relationship existed.

The relationships covered

  • a child or other lineal descendant
  • a sibling
  • a parent or grandparent
  • an uncle, aunt, nephew or niece
  • half, adoptive and step relationships are included
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Where are you at?

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The process

What usually happens after a criminal charge

Every matter is different, but most follow this order.

Police contact

You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.

The charge and bail

You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.

First court date

Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.

Resolution

The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.

Things to know

How these cases work

  • Consent is not a defenceThe law says it does not matter that the other person consented.
  • Coercion is a defenceIt is a defence for a person to show they were coerced by the other person into the act.
  • Other charges often go with itWhere the other person was a child, charges such as indecent treatment or repeated sexual conduct with a child are often laid too.
Things to avoid

Do not contact the complainant

Even within the family, contact can breach bail and lead to arrest. Do not pass messages through relatives.

Do not give your side to police first

You must give your name and address when asked. Get advice before you say anything else.

Family court and child safety matters

A charge can affect parenting arrangements and child safety decisions. Tell Joseph about any other proceedings.

How Joseph helps

One lawyer, from your first call to the end of your matter

Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph

When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.

  • He goes through the police allegations with you and tells you exactly what you are charged with.
  • He advises you before you speak to police or make any statement.
  • He gets the evidence reviewed early, and looks at whether the charge fits what is alleged.
  • He represents you in court, including on bail if it is needed.
  • He tells you plainly what to expect, and puts your circumstances properly to the court.
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Joseph Rahim, Principal of Coral Coast Law
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Questions

Questions about this charge

Does incest apply to step and adoptive relatives?

Yes. The section includes half, adoptive and step relationships.

Is it a defence that both people agreed?

No. Consent is not a defence to incest.

Do I have to have known about the relationship?

Yes. The prosecution must prove you knew the other person was related to you in a way the section covers.

Is the first consultation free?

Yes. It is free, confidential and comes with no obligation.

Didn’t see your question? Ask it in chat.

Talk to Joseph before your court date

The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.

0447 028 080

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This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.