Incest

(1) Any person who carnally knows another person who is to that person's knowledge, that person's grandchild, child, sibling, niece, nephew or parent, commits an offence and shall on conviction thereof be liable to imprisonment for not less than twelve years but may extend to imprisonment for life. (2) For the purposes of this section, it is immaterial whether the other person consents to the penetration of the mouth, anus or vagina. (3) Where in proceedings for an offence under this section it is proven that the defendant was related to the other person, it is to be taken that the defendant knew or could reasonably have been expected to know that he was related in that way unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that he was. (4) On conviction before any court of any person of an offence under this section against another person, where that other person is under eighteen years of age, the court may divest the offender of all authority over the person, and if the offender is the guardian, remove that offender from the guardianship and appoint any person or persons to be the guardian during that person's minority or any less period. (5) The relation between persons is within this section if it falls within any of the sub-sections (6) and (8) below or where either person is legally adopted within the meaning prescribed by the Families and Children Act. (6) The relation between persons is within this section if either person is the other's parent, stepparent, grandparent, brother, sister, half- brother, half-sister, aunt, uncle or if either person is or was the foster parent of the other. (7) The relation of persons is within this section if a person lives or has lived in the same household, or if the person is or 62 has been regularly involved in caring for, training, supervising or being in sole charge of the other person. (8) For the purpose of this section“aunt” means the sister or the half- sister of a person's parent and “uncle” has been a corresponding meaning; “foster parent” in relation to a child means that the person is not the biological mother or father of the child but a person who has assumed responsibility of the child by way of a care order under the Families and Children Act; CAP. 173. “parent's partner” means another person with whom a person lives with as a family; “step-parent” includes a parents partner; and “step-brother” and “step-sister include the child of a parent's partner.