2. Do I still commit the offence if there is consent to sexual intercourse?
Yes. Consent is irrelevant. Once sexual intercourse and knowledge of the relationship is proved, incest is proved. Section 47 of the Crimes Ordinance (incest by men) expressly states that the woman’s consent to sexual intercourse is no defence. Section 48 of the Crimes Ordinance (incest by a woman of or over 16) also clearly states that the woman’s consent to sexual intercourse is not a defence.
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