Incest (Sentencing Cases)

This page was last substantively updated or reviewed January 2015. (Rev. # 92467)

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Offence Wording

Incest

155 (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person.

Punishment

(2) Everyone who commits incest is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and, if the other person is under the age of 16 years, to a minimum punishment of imprisonment for a term of five years.

Defence

(3) No accused shall be determined by a court to be guilty of an offence under this section if the accused was under restraint, duress or fear of the person with whom the accused had the sexual intercourse at the time the sexual intercourse occurred.

[omitted (4)]
R.S., 1985, c. C-46, s. 155; R.S., 1985, c. 27 (1st Supp.), s. 21; 2012, c. 1, s. 14.

– CCC (CanLII), (DOJ)

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Case Digests

Case Name	Prv.	Crt.	Sentence	Summary

Prior to April 2020 (R v Friesen)

Case Name	Prv.	Crt.	Sentence	Summary
R v KVE, 2013 BCCA 521 (CanLII), per Stromberg-Stein JA	BC	CA	10 years imprisonment	Find summaries of case.
R v RAJ, 2010 BCCA 304 (CanLII), per Bennett JA	BC	CA	8 years imprisonment	The offender sexually assaulted his daughter over 7 years starting at the age of 7. Find summaries of case.
R v RJG, 2007 BCCA 631 (CanLII), per Saunders JA	BC	CA	12 years imprisonment	The offender plead guilty to sexually assaulting his three daughters and a babysitter. "The abuse began when the daughters were each around the ages of 10. The abuse included sexual intercourse when they were between the ages of 13 - 15." Find summaries of case.
R v WWM, 2006 CanLII 3262 (ON CA), per Juriansz JA	ON	CA	4 years imprisonment	Find summaries of case.
R v MH, 2005 BCCA 510 (CanLII), per Levine JA	BC	CA	6 years imprisonment	"the accused sexually offended against his stepdaughter for 10 years, starting in 1958 when she was five years old." Find summaries of case.
R v PPH, 2003 BCCA 591 (CanLII), per Thackray JA	BC	CA	14 years imprisonment (global) 7 years imprisonment (sex assault x 2)	"a 38-year-old offender who pleaded guilty to sexually offended against his two stepdaughters, aged 12 and 13." Find summaries of case.
R v DLM, 2001 BCCA 266 (CanLII), per Saunders JA	BC	CA	5 years imprisonment	"the accused digitally penetrated a three and a half year old girl who was living with him as her “Daddy”. The sexual offence caused bodily harm." Find summaries of case.
R v GPW, (1998), 106 BCAC 239(*no CanLII links)	BC	CA	20 years imprisonment
R v RPF, 1996 CanLII 5590 (NSCA), per Roscoe JA	NS	CA	1 year imprisonment	Find summaries of case.
R v GTM, (1995), 61 BCAC 158(*no CanLII links)	BC	CA	12 years imprisonment	"an accused who pleaded guilty to sexually offending against his two daughters in their mid-teens."
R v Goler, (1985), 67 NSR (2d) 200(*no CanLII links)	NS		5 years imprisonment
R v Comtois, 1981 CanLII 3183 (QC CA), 62 CCC (2d) 567, per Montomery JA	QC	CA	Suspended Sentence	Find summaries of case.