XN000022-1996-06-27 — Page 80

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Penalty for certain sexual offences under review

Following is a question by the Hon Fred Li Wah-ming and a written reply by the Secretary for Security, Mr Peter Lai, in the Legislative Council today (Wednesday):

Question:

Under the existing legislation, the maximum penalty for rape is imprisonment for life, whereas the maximum penalty for incest is imprisonment for seven years with the exception of those cases where the victims are under the age of 13 years. In view of this, will the Government inform this Council:

Reply:

(a)

of the number of incest cases in each of the past three years;

(b)

the reasons for such a disparity between the maximum penalty imposed for rape and that imposed for incest, having regard to the enormous trauma suffered by the incest victim; and

(c)

whether it will review the penalties for rape and incest?

(a)

The number of incest cases reported to the Police in the past three years is set out below:

Year

Number of incest cases

1993

7

1994

7

1995

6

(b)

The maximum penalty of life imprisonment which applies to rape cases also applies to those cases where the defendant and the victim have an incestuous relation, provided that:

i)

the victim does not consent to the intercourse; and

ii)

the defendant either knows that the victim does not consent, or he

is reckless as to whether she consents to it.

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