Laws regarding incest

Incest is sexual relations between closely related persons, and can be illegal depending on the jurisdiction. The exact definition, including the nature of the relationship between persons, and the types of sexual activity, vary by country, and by even individual states or provinces within a country. These laws can also extend to marriage between said individuals.

When incest involves an adult and a child, it is a form of child sexual abuse and is illegal in every developed country.cite book|title=Sexual Abuse of Children: A Human Rights Perspective |last=Levesque |first=Roger J. R. |publisher=Indiana University Press |year=1999 |pages=pp1,5-6,176-180] cite web|url=http://www2.ohchr.org/english/law/crc.htm|title=United Nations Convention on the Rights of the Child|publisher=Office of the United Nations High Commissioner for Human Rights|date=1989]

Australia

In Australia, marriage (which is defined to be a monogamous heterosexual union) [cite web |url=http://www.austlii.edu.au/au/legis/cth/consol_act/ma196185/s5.html#marriage |title=Marriage Act 1961 s 5] is governed at the federal level, while criminal law is on the whole a matter for the states and territories. In Australia marriage between an ancestor and descendant or between a brother and sister (including siblings of half-blood), is not permitted and these "prohibited relationships" include relationships traced through adoption. [cite web |url=http://www.austlii.edu.au/au/legis/cth/consol_act/ma196185/s23b.html |title=Marriage Act 1961 s 23B] Moreover, incest is a crime in every Australian state and self-governing territory, [See NSW: cite web |url=http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s78a.html |title=Crimes Act 1900 s 78A; Vic: cite web |url=http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s44.html |title=Crimes Act 1958 s 44; Qld: cite web |url=http://www.austlii.edu.au/au/legis/qld/consol_act/cc189994/s222.html |title=Criminal Code s 222; SA: cite web |url=http://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/s72.html |title=Criminal Law Consolidation Act 1935 s 72; WA: cite web |url=http://www.austlii.edu.au/au/legis/wa/consol_act/cc94/s329.html |title=Criminal Code s 329; Tas: cite web |url=http://www.thelaw.tas.gov.au/tocview/content.w3p;cond=;doc_id=69%2B%2B1924%2BJS1%40GS133%40EN%2B20071018000000;histon=;prompt=;rec=;term= |title=Criminal Code s 133; ACT: cite web |url=http://www.austlii.edu.au/au/legis/act/consol_act/ca190082/s62.html |title=Crimes Act 1900 s 62; NT: cite web |url=http://www.austlii.edu.au/au/legis/nt/consol_act/cc94/s134.html |title=Criminal Code s 134.] but unsurprisingly definitions and penalties vary. In all states and territories the legal definition of incest covers sex, whether heterosexual or homosexual, between a parent and child, as well as between siblings (including half-brothers and half-sisters). Whether the definition of incest extends to sex between a stepparent and stepchild or adoptive relationships varies from state to state. However, recent research carried out suggests that around 15-20% of white Australians have, at one stage of their lives, had incest. While at the time these claims were met with outrage and disbelief, the data was verified by a separate and independent survey carried out recently (2007).Fact|date=April 2008

In all jurisdictions except South Australia, the definition also includes sex between a grandparent and a grandchild and in all other jurisdictions except New South Wales it also covers sex between a "lineal ancestor" and a "lineal descendant" (which would include the relationship of great-grandparent/great-grandchild and beyond). Only in Queensland is incest defined to include sex between an uncle or aunt and a niece or nephew, although even here its application would appear to be curtailed by the effect of federal marriage law. The Queensland Criminal Code itself provides that the crime of incest does not apply to "persons who are lawfully married or entitled to be lawfully married" and Australian marriage law permits (heterosexual) marriage between an aunt or uncle and a nephew or niece, provided both parties are of marriageable age (currently 18). [ cite web |url=http://www.austlii.edu.au/au/legis/cth/consol_act/ma196185/s11.html |title=Marriage Act 1961 s 11] In New South Wales the crime of incest only applies where the victim is aged 16 or over (the age of consent in that state); in cases where the victim is under 16 the accused would be charged with the general offence of sexual intercourse with a child.

In all other jurisdictions the crime of incest also exists where the victim is below the age of consent, but this does not exclude the possibility of bringing the more general charge of sexual intercourse with a child. This is particularly relevant where a certain form of sexual conduct between related persons falls outside of the legal definition of incest in a particular jurisdiction.

In no Australian state or territory is consent a defence to the crime of incest. The penalty for incest varies from state to state. A conviction for incest attracts a maximum penalty of imprisonment for 5 years in Victoria (25 years in the case of sex with one's child, stepchild or lineal descendant, irrespective of the victim's age), 7 years in South Australia, 8 years in New South Wales, 10 years in Western Australia (20 years if the victim is under 16), 10 years in the Australian Capital Territory (20 years if the victim is under 10 and 15 years if the victim is aged 10-15), 14 years in the Northern Territory (25 years if the victim is under 10 and 20 years if the victim is aged 10-15), 21 years in Tasmania, and imprisonment for life in Queensland.

Belgium

In Belgium, incest is not a crime; incest laws were abolished by Napoleon some 200 years ago in the French government period. Incestuous relations between a parent and minor child are prohibited and punished by law in Belgium, but not between adults..

Canada

Under Canadian law persons who are related lineally, or as brother or sister , including by adoption may not marry. [cite web |url=http://www.canlii.org/ca/sta/m-2.1/sec2.html |title=Marriage (Prohibited Degrees) Act S.C. 1990, c. 46, s. 2] Incest, which covers sex with one's parent, child, brother or sister (does not include half-brothers and half-sisters), grandparent or grandchild, is also an indictable offence and liable to a maximum of 14 years' imprisonment. [cite web |url=http://www.canlii.org/ca/sta/c-46/sec155.html |title=Criminal Code R.S.C. 1985, c. C-46, s. 155]

Cyprus

The Orthodox Church of Cyprus does not permit marriages of its members between up to a relationship of "second": That is, up to between second cousins or between second uncle/aunt to second niece/nephew (first cousins once removed).

Finland

In Finland, the law doesn't specifically mention incest as a word at all, however, marriage between one's sibling, half-sibling, ancestor or descendant is forbidden. [cite web|url=http://www.finlex.fi/fi/laki/ajantasa/1929/19290234|title=Avioliittolaki - marriage law (in Finnish)] Also, sexual acts between one's sibling (but not half-sibling), ancestor or descendant is punishable from a fine up to 2 years in jail for "sexual act between close relative" unless the person in question is under 18 years old or have been forced or illegally persuaded to perform the sexual act. [cite web|url=http://www.finlex.fi/fi/laki/ajantasa/1889/18890039001|title=Finnish law regarding sexual act between close relative]

France

In France, incest is not a crime; incest laws were abolished by Napoleon in 1810.citeweb |url=http://www.spiegel.de/international/germany/0,1518,540831,00.html |title="German High Court Takes a Look at Incest"|author=Hipp, Dietmar|date=2008-03-11|publisher="Der Spiegel"|accessdate=2008-04-12|]

Germany

In February 2007, German brother and sister, Patrick Stübing and Susan Karolewski, [ [http://www.berlingske.dk/udland/artikel:aid=870966 De er bror og søster og har fire børn sammen - Verden ] ] called for the country's incest laws to be abolished so that they could continue their sexual relationship. Although they were born into the same family, Patrick was not living with them when Susan was born and they met for the first time in 2000. Between 2002 and 2006 they had four children although three have been taken into foster care. Two of the children have disabilities and while it is possible that these were caused by inbreeding, premature birth may also have contributed. [cite web|url=http://news.sky.com/skynews/article/0,,30200-1253397,00.html|title=Sky News "Challenge To Incest Laws"] The siblings' lawyer, Endrik Wilhelm, lodged an appeal with Germany's highest judicial body, the Federal Constitutional Court in Karlsruhe, to overturn the country's ban on incest. [ cite web|url=http://news.bbc.co.uk/2/hi/europe/6424937.stm|title=BBC News "Couple Stand by Forbidden Love"] On March 13th 2008 however, the court ruled with a 7-1 vote for incest to remain illegal. [cite web|url=http://news.bbc.co.uk/2/hi/europe/7294022.stm|title=BBC News "German court upholds incest law"]

Japan

In Japan, the Civil Code of Japan restrict marriages of its members, but incest is not a crime. Incest law was abolished in 1881. Incest however is generally considered immoral. One of the most complex cases was "Aizawa v. Japan". [cite web|url=http://www.murdoch.edu.au/elaw/indices/title/qu82_abstract.html|title=Aizawa v Japan|publisher=Murdoch University]

The Netherlands

Incest is legal in The Netherlands. Incest laws were abolished some 200 years ago. However any adult relative will face arrest if he or she engages in sexual activity with a child (under 18) family member

Poland

In Poland, incest - defined in Article 201 of the [http://isip.sejm.gov.pl/servlet/Search?todo=open&id=WDU19970880553 Penal Code] as sexual intercourse with an ancestor, a descendant, a guardian, a ward, a brother, or a sister - is punishable by 3 months up to 5 years imprisonment.

Sweden

Sweden is the only country in Europe which allows marriage between siblings who share only one parent. [ cite web|url=http://www.press.uillinois.edu/books/catalog/76rws4ss9780252065408.html|title=Forbidden Relatives - The American Myth of Cousin Marriage, by Martin Ottenheimer] However, permission for this must be acquired from the County Administrative Board.

United Kingdom

Incest in the United Kingdom is illegal and is governed by the Sexual Offences Act 2003. It was made punishable by death in 1650. In 1908 however, an act The Punishment of Incest Act 1908 was passed, under which sexual intercourse of a male with his grand-daughter, daughter, sister or mother is made punishable with penal servitude.

Israel

In Israel, incest between adults (of the age of 18 years and above) is not a crime; incestuous relations with a person under the age of 18 years are prohibited and punished by law.

Italy

In Italy, incest is punished as a criminal offense (Art. 564 Penal Code) if, and apparently only if, it causes 'public scandal'. Penalties may vary from a minimum of one to a maximum of five years of reclusion; if incestuous relationship took place, penalties are raised to a maximum of eight years. Incest committed upon minors is punished as a serious kind of statutory rape.

United States

In the United States, every state and the District of Columbia have some form of codified incest prohibition.cite web|url=http://www.harvardlawreview.org/issues/119/june06/note/inbred_obscurity.pdf|title="Inbred Obscurity: Improving Incest Laws in the Shadow of the 'Sexual Family'"|author= |date=June 2006|publisher="Harvard Law Review"|accessdate=2008-04-16] However, individual statutes vary widely. Rhode Island repealed its criminal incest statute in 1989, Ohio only targets parental figures, and New Jersey does not apply any penalties to anyone over the age of 18. Yet Massachusetts issues a penalty of up to 20 years imprisonment for those engaging in "sexual activities" with relatives closer than first cousins and Hawaii up to 5 years in jail for "sexual penetration" with certain blood relatives and even in-laws.

In all states, close blood-relatives that fall under the incest statutes include father, mother, grandfather, grandmother, brother, sister, aunt, uncle, niece, nephew, and in some states, first cousins. Many states also apply incest laws to non-blood relations including stepparents, step-siblings, and in-laws.cite book|title=Encyclopedia of Relationships Across the Lifespan|last=Turner|first=Jeffrey S.|year=1996 |publisher=Greenwood Publishing Group |pages=p92|isbn=031329576X]

References