In the context of incest offences under s 44(2) of the Crimes Act 1958 (Vic), the determination of whether a person is a 'de facto spouse' must include consideration of the relationship between the accused and the partner's children — including the role, responsibility, and authority assumed by the accused and the children's view of the relationship. The concept of 'living together as if they were married' is to be assessed objectively and is capable of encompassing relationships where the primary purpose is care and support. Trial judges should not enumerate a list of indicia of a de facto relationship in jury directions; the statutory definition is sufficient.
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