s. 44 (4) A person must not take part in an act of sexual S. 44(4) penetration with a person whom he or she knows amended by Nos 49/1991 to be his or her sister, half-sister, brother or s. 119(3) (Sch. 3 item 4), Level 6 imprisonment (5 years 48/1997 s. 60(1)(Sch. 1 maximum). item 21(b)). (5) Consent is not a defence to a charge under this section. (6) A person who is compelled by another person to S. 44(6) substituted by take part in an act of sexual penetration in any of No. 2/2006 the circumstances referred to in subsection (1), s. 8. (2), (3) or (4) is not guilty of an offence against this section. (6A) For the purposes of this section, a person compels S. 44(6A) inserted by another person (the victim) to take part in an act No. 2/2006 of sexual penetration if the person compels the s. 8, amended by victim (by force or otherwise) to engage in that act No. 57/2007 without the victim's consent. s. 8. (7) In all proceedings for offences under this section (except under subsection (2)) it shall be presumed in the absence of evidence to the contrary— (a) that the accused knew that he or she was related to the other person in the way alleged; and (b) that people who are reputed to be related to each other in a particular way are in fact related in that way.
S. 44(4) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 4), 48/1997 s. 60(1)(Sch. 1 item 21(b)). (4) A person must not take part in an act of sexual penetration with a person whom he or she knows to be his or her sister, half-sister, brother or s. 44 Level 6 imprisonment (5 years maximum). (5) Consent is not a defence to a charge under this section. S. 44(6) substituted by No. 2/2006 s. 8. (6) A person who is compelled by another person to take part in an act of sexual penetration in any of the circumstances referred to in subsection (1), (2), (3) or (4) is not guilty of an offence against this section. S. 44(6A) inserted by No. 2/2006 s. 8, amended by No. 57/2007 s. 8. (6A) For the purposes of this section, a person compels another person (the victim) to take part in an act of sexual penetration if the person compels the victim (by force or otherwise) to engage in that act without the victim's consent. (7) In all proceedings for offences under this section (except under subsection (2)) it shall be presumed in the absence of evidence to the contrary— (a) that the accused knew that he or she was related to the other person in the way alleged; and (b) that people who are reputed to be related to each other in a particular way are in fact related in that way.
58-6231a235.docx