2406
Incest by
over sixteen.
8 Edw. 7,
c. 45, s. 2.
No. 3 of 1916.
PUNISHMENT OF INCEST.
(2) It is immaterial that the carnal knowledge was had with the consent of the female person.
(3) Every male person who attempts to commit any such offence as aforesaid, shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to imprisonment for any term not exceeding two years.
(4) On the conviction before any court of any male person of an offence under this section, or of an attempt to commit the same, against any female under twenty-one years of age, it shall be in the power of the court to divest the offender of all 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 :
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. Every female person of or above the age of sixteen years who with consent permits her grandfather, father, brother, or son to have carnal knowledge of her (knowing him to be her grandfather, father, brother, or son, as the case may be) shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to imprisonment for any term not exceeding seven years.
*
Test of
8 Edw. 7, c. 45, s. 3.
4. In this Ordinance, "brother" and "sister" respectively include half-brother and half-sister, and the provisions of this Ordinance shall apply whether the relationship between the person charged with an offence under this Ordinance and the person with whom the offence is alleged to have been committed, is or is not traced through lawful wedlock.
*
Prosecution
of offences.
8 Edw. 7, c. 45, s. 4.
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 Ordinance, 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 Ordinance, and he shall be liable to be punished accordingly.
* As amended by Law Rev. Ord., 1924.