Section 78C — Crimes Act 1900 (NSW)

Defences

(1) It shall be a sufficient defence to a charge under section 78A or section 78B that the person charged did not know that the person with whom the offence is alleged to have been committed was related to him or her, as alleged.
(2) It shall be no defence to a charge under section 78A or section 78B that the person with whom the offence is alleged to have been committed consented thereto.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 73A — Sexual touching—young person between 16 and 18 under special care
s 78A — Incest
s 78B — Incest attempts
s 78F — Sanction of Attorney General or Director of Public Prosecutions
s 79AA — Definitions
s 79 — Animal sexual abuse

Research how courts apply s 78C

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.

Try BriefBridge free