KembaraXtra - Legal Terms - Sex with an Adult Relative

Under section 64 of the Sexual Offences Act 2003, it is a criminal offence for certain closely related family members to engage in consensual penetrative sexual activity.

A person commits the offence if:

1. they are 16 years of age or over;
2. they have penetrative sexual intercourse with another person aged 18 or over; and
3. the other person is a specified close relative.

The prohibited relationships include:

• parent (including adoptive parent);
• grandparent;
• child;
• grandchild;
• brother or sister;
• half-brother or half-sister;
• uncle or aunt;
• nephew or niece.

The offence applies even where both parties consent, reflecting Parliament’s decision that sexual relationships within these close family relationships are contrary to public policy and potentially harmful.