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9. Offences against the Living Family
 
  Article 70-Offences involving sexual contact  
70.1 Offences involving sexual contact and relationship  
  Offending and prohibited sexual family contact is any sexual contact, whether or not it involves sexual penetration and regardless of whether it is consensual, between immediate genetically related members of a family.  
 
 Primary Fact(s)
 1. That the victim and the accused came into physical sexual contact; and
 2. That the victim was at or under the age deemed lawful for such contact to be made, whether or not consent was given by the victim; and
 3. That the victim and the accused were related by blood or marriage.
 
 
 Penalty Conditions (Level 3-Crime)
Type
Condition(s)
1-3
a) between blood related relatives, both of whom are under the age of 14;
4-6
a) between blood relatives, both of whom are under the age of 22, with neither under the age of 14;
 
 
 Penalty Conditions (Level 4-Crime)
Type
Condition(s)
1-3
a) between blood relatives, in which the prime offender is an adult, is not a parent and the victim is under the age of 14;
4-6
a) between blood relatives, in which the prime offender is an adult, is not a parent and the victim is under the age of 8;
 
 
 Penalty Conditions (Level 5-Crime)
Type
Condition(s)
1-3
a) between blood relatives, in which the prime offender is an adult and is the parent and the victim is under the age of 14;
4-6
a) between blood relatives, in which the prime offender is an adult and is the parent and the victim is under the age of 8;
 
 
 Penalty Conditions (Level 6-Crime)
Type
Condition(s)
1-3
a) involving prolonged violent rape and/or sexual abuse of at least four years, involving more than six separate incidents;
b) involving especial cruelty and malicious torture;
4-6
a) involving prolonged violent rape and/or sexual abuse of more than four years, involving more than ten separate incidents;
b) involving especial cruelty and malicious torture;
 
     
 
 

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