Incest (Punishment) Act

Link to law: http://www.moj.gov.jm/laws/incest-punishment-act

INCEST (PUNISHMENT)

THE INCEST (PUNISHMENT) ACT cap. 155.
A&

[29th July, 1948.1 1st Sch
11 of 2004
6th Sch.

1. This Act may be cited as the Incest (Punishment) Act. short title.

2.-(1) Any male person who has carnal knowledge of a Incestby
female person, who is to his knowledge his grand-daughter,
daughter, sister, or mother, shall be guilty of a misde-
meanour and on conviction thereof before a Circuit Court shall
be liable to imprisonment with hard labour for any term not
exceeding five years, or if it is alleged in the indictment for such
offence and proved that the female person is under the age of
twelve years to imprisonment with hard labour for any term not
exceeding sixteen years. 1112004 Sixth

Schedule.

(2) It is immaterial that the carnal knowledge was had
with the consent of the female person.

(3) If any male attempts to commit any offence to
which subsection (1) relates, he shall be guilty of a
misdemeanour, and upon conviction thereof shall be liable to
imprisonment with hard labour for any term not exceeding two
years.

(4) On the conviction before any court of any male
person of an offence under subsection (1) or subsection (3)
against any female under eighteen years of age, it shall 111979
be in the power of the court to divest the offender of all ldSCh
authority over such female, and if the offender is the guardian of
such female, to remove the offender from such guardianship,
and in any such case to appoint any person or persons to be the
guardian or guardians of such female during her minority or any
less period:

[The inclusion of this page is authorized by L.N. 11112005]

2

Incest by
females of or
over sixteen.

Test of
relationship.

Prosecution of
offences.

INCEST (PUNISHMENT)

Provided that the Supreme Court may at any time vary
or rescind the order by the appointment of any other person as
such guardian, or in any other respect.

3. Any female person of or above the age of sixteen
years who with consent permits her grand-father, father,
brother, or son, to have carnal knowledge of her (knowing
him to be her grand-father, father, brother, or son, as the
case may be) shall be guilty of a misdemeanour and on
conviction thereof before a Circuit Court shall be liable to
imprisonment with hard labour for any term not exceeding
five years.

4. In this Act the expressions "brother" and "sister",
respectively, include half-brother and half-sister, and the
provisions of this Act shall apply whether the relationship
between the person charged with an offence under this Act and
the person with whom the offence is alleged to have been
committed is or is not traced through lawful wedlock.

5.-(1) If, on the trial of any indictment for rape, the jury are
satisfied that the defendant is guilty of an offence under this Act,
but are not satisfied that the defendant is guilty of rape, the jury
may acquit the defendant of rape and find him guilty of an
offence under this Act, and he shall be liable to be punished
accordingly.

(2) If, on the trial of any indictment for an offence under
this Act, the jury are satisfied that the defendant is guilty of any
offence under section 47 or section 48 or section 50 of the
Offences against the Person Act, but are not satisfied that the
defendant is guilty of an offence under this Act, the jury may
acquit the defendant of an offence under this Act and find him
guilty of an offence under section 47 or section 48 or section 50
of the Offences against the Person Act, and he shall be liable to
be punished accordingly.

[The inclusion of this page is authorized by L.N. 111/2005]

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INCEST (PUNISHMENT) 3 \

(3) The wife or husband of a person charged with an
offence against this Act may be called as a witness either
for the prosecution or defence and without the consent of
the accused.

[The inclusion of this page is aulhorized by L.N. 480119731
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