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Criminal - Sex Offences - Incest. R. v. R.S.
In R. v. R.S. (Ont CA, 2025) the Ontario Court of Appeal dismissed a criminal appeal, here from convictions for "sexual assault (Criminal Code, R.S.C. 1985, c. C-46, s. 271); invitation to sexual touching (s. 152(a)); and incest (s. 155)".
Here the court considers elements of 'incest':(2) The Verdict on the Incest Count
[12] The appellant submits that his conviction on the incest count was unreasonable and unsupported by the evidence. He contends that it was not proved beyond a reasonable doubt that he had sexual intercourse with the complainant. We do not accept this submission.
[13] Incest is the only remaining offence in Part V[2] of the Criminal Code that requires proof of penetration. Section 155 provides: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. [14] In language from a bygone era, s. 4(5) of the Criminal Code defines “sexual intercourse” as follows:(5) For the purposes of this Act, sexual intercourse is complete on penetration to even the slightest degree, notwithstanding that seed is not emitted. ....
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