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Laws regarding incest

Topic: Social

 From HandWiki - Reading time: 24 min

Laws regarding incest (i.e. sexual activity between family members or close relatives) vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Besides legal prohibitions, at least some forms of incest are also socially taboo or frowned upon in most cultures around the world.

Incest laws may involve restrictions on marriage rights, which also vary between jurisdictions. When incest involves an adult and a child, it is usually considered to be a form of child sexual abuse.[1][2]

Degrees of relationship

Main page: Biology:Coefficient of relationship

Laws regarding incest are sometimes expressed in terms of degrees of relationship. The consanguinity (but not affinity) relationships may be summarized as follows:

Degree of
relationship		 Relationship Coefficient of
relationship (r)
Inbred strain 99%'
0 identical twins; clones 100%[3]
1 parent-offspring[4] 50% (2−1)
2 full siblings 50% (2−2+2−2)
2 3/4 siblings or sibling-cousins 37.5% (2−2+2⋅2−4)
2 grandparent-grandchild 25% (2−2)
2 half siblings 25% (2−2)
3 aunt/uncle-nephew/niece 25% (2⋅2−3)
4 double first cousins 25% (2−3+2−3)
3 great grandparent-great grandchild 12.5% (2−3)
4 first cousins 12.5% (2⋅2−4)
6 quadruple second cousins 12.5% (8⋅2−6)
6 triple second cousins 9.38% (6⋅2−6)
4 half-first cousins 6.25% (2−4)
5 first cousins once removed 6.25% (2⋅2−5)
6 double second cousins 6.25% (4⋅2−6)
6 second cousins 3.13% (2−6+2−6)
8 third cousins 0.78% (2⋅2−8)
10 fourth cousins 0.20% (2⋅2−10)[5]

The degree of relationships is calculated by counting the number of generations back to a common ancestor. Most laws regarding prohibited degree of kinship concern relations of r = 25% or higher, while most permit unions of individuals with r = 12.5% or lower. In some US states, cousin marriages are prohibited. Also, most laws make no provision for the rare case of marriage between double first cousins. Incest laws may also include prohibitions of unions between biologically unrelated individuals if there is a close legal relationship, such as adoption.

Africa

Côte d'Ivoire (Ivory Coast)

Consensual incest between adults is legal in Côte d'Ivoire (Ivory Coast).[6]

South Africa

In South Africa , since 2007, incest is the sexual penetration between persons who are related as follows:

  • lineally, that is, if one person is a direct descendant of the other.
  • within the first degree of consanguinuity, that is, where one person is a direct descendant of a parent of the other; this category includes siblings as well as an uncle or aunt with a niece or nephew.
  • within the first degree of affinity, that is, where one person is the direct ancestor or descendant of the spouse of the other person.
  • as adoptive parent and adopted child.[7]

Before 2007, incest was a common law offence which extended to the same degrees of relationship but which applied only to vaginal intercourse.[8]

Zimbabwe

In Zimbabwe, most forms of incest are illegal and an offender is currently liable to a fine up to or exceeding level fourteen (about US$5000) or imprisonment for a period not exceeding five years or both.[9] Incest is classified as "sexual intercourse within a prohibited degree of relationship".[10] A prohibited degree of relationship would be that of a parent and his or her natural or adoptive child, a step-parent and his or her step-child, whether the step-child’s parent and step-parent are married under the Marriage Act [Chapter 5:11] or the Customary Marriages Act [Chapter 5:07], or are parties to an unregistered customary law marriage, and whether or not the child was over the age of eighteen years at the time of the marriage; a brother and sister, whether of whole or half blood; or an uncle and his niece; or a grand-uncle and his grand-niece; or an aunt and her nephew; or a grand-aunt and her grand-nephew; or a grandparent and his or her grandchild and any person and his or her first or second cousin. In cases of first and second cousins an individual charged with such a crime can raise a defense that the cultural or religious customs or traditions of the community to which he or she belongs do not prohibit marriage between first or second cousins; or in the case of a person who is a member of a community governed by customary law, that the cultural or religious customs or traditions of the particular community to which he or she belongs do not prohibit marriage between first or second cousins.

Americas

Argentina

In Argentina , incest is legal if both individuals are over the minimum age of consent.[11] Marriage between 3rd degree relatives and beyond is allowed, with the exception of marriage involving lineal ancestors and descendants, which is considered null and void disregarding the degree of separation (parent/offspring, grandparent-grandchild).[12]

Brazil

Brazil has no criminal punishment if the involved are over the age of 14 (the clear age of consent in force; before 2011, though, sex with people as young as 12 and as elder as 17 was in a legal grey area, with legal guardian-reported sex with those aged 12 and 13 being prosecuted as statutory rape, but unlike as with those aged 11 and younger not directly prosecuted by the State without a report by either the legal guardians or the adolescents themselves – unlike now, where the police forces prosecute all statutory rape-related cases without distinction –, and legal guardian-reported sex with those aged 14, 15, 16 and 17 being prosecuted as corruption of minors, but prosecution as corruption of minors for non-commercial consented sexual activity between people out of a defined hierarchy fell), capable of acting upon their legal rights, and that consent means that the relationship is absent of any kind of coercion or fraud.[citation needed]

First cousin marriages, once fairly common in some regions in the 19th century, are allowed on demand as all other marriages, while avunculate ones (those between uncles or aunts and nephews or nieces), the preferred by some Amazonian Amerindian tribes, and those between half-siblings, are allowed provided that those contracting it have a health check.[13][14][15] Marriages between parents and their children (both consanguineous and adoptive) or between siblings (both consanguineous and adoptive) are invalid, but, as stated above, non-rape sexual relationships between persons older than the age of consent are likely otherwise treated legally as all others, irrespectively of consanguinity (information over the possibility or validity of uniões estáveis in such situations are nevertheless unclear or unexistent, but since those in these relationships are already consanguineous and thus inherently inside a legal family entity, the rights offered by such unions – recognizing a family entity between unrelated single persons – are most likely pointless, with the exceptional cases being only the remote possibility of people who were adopted contracting a relationship with a biological close family member).

Brazilian law, by the Article 1521 of the Civil Code, also extends the invalidity of marriage between parents and children to grandparents and grandchildren or any other sort of ascendant-descendant relationship (both consanguineous and adoptive), parents-in-law and children-in-law even after the divorce of the earlier couple (see affinity), as well as to stepparents and stepchildren, and former husbands or wives to an adoptive parent who did this unilaterally (regarded as an equivalent, in families formed by adoption, to stepparents and stepchildren); and extends the invalidity of marriage between siblings to biological cousin-siblings.[14][15] It also formerly prohibited the avunculate marriages and extended the prohibition for marriage between siblings to half-siblings, both cited above, but the Decrete Law 3.200/1941 made marriage possible for those non-ascended/descended in consanguinity of third degree (25%) provided both have health checks.[14][15]

Brazilian law never held marriages between double first cousins as a reason for invalidity, even though those have a consanguinity as strong as that of half-siblings, and those, as other first cousins, are not asked health checks to marry, doing so in the same way as non-related people. Also legally treated much like non-related people are stepsiblings, while those who are stepsiblings and half-siblings (that is, those who have a half-sibling who is also child of a latter married spouse of one's parent) are treated like half-siblings who are not stepsiblings, being demanded health checks before marrying.

Canada

Under Canadian federal law, incest is defined as having a sexual relationship with a sibling (including half-sibling), child/parent or grandchild/grandparent, regardless of knowing the existence of the blood relationship. It is punishable by up to 14 years' imprisonment. A person who commits incest with someone under the age of 16 is liable to a minimum imprisonment of ½ decade.[16]

Chile

In Chile, incest between lineal ancestors and descendants and between full siblings is prohibited. It is punishable by up to 1 year in prison.

United States

Laws regarding incest in the United States vary widely between jurisdictions regarding both the definition of the offense and penalties for its commission. The Laws regarding incest in the United States article summarizes these laws for individual U.S. States and the District of Columbia.

In the United States , the District of Columbia and every state and inhabited territory have some form of codified incest prohibition. In most states, sexual activity between a lineal ancestor and a lineal descendant (parent, grandparent with child or grandchild), siblings (brother-sister) and aunt-nephew, uncle-niece is penalized as incest. However, individual statutes vary widely. Rhode Island has repealed its criminal incest statute,[17] and only criminalizes incestuous marriage.[18] Ohio "targets only parental figures",[17] and New Jersey does not apply any penalties when both parties are 18 years of age or older.[6][17] The most severe penalties for incest are in Massachusetts , Virginia, Texas and Oregon, which punishes incest with up to 2 decades in prison, Georgia where a penalty for incest is up to 30 years in prison, Wisconsin where the penalty for incest is up to 40 years in prison, and in the states of Nevada, Montana, Idaho and Michigan where a penalty of up to life imprisonment for incest may be given.

In some states, sex between first cousins is prohibited (see cousin marriage law in the United States by state for cousin sex, as well as cousin marriage, being outlawed in some states). Many states also apply incest laws to non-blood relations, including stepparents, stepsiblings, in-laws and people related through adoption.[19]

Asia

China

Mainland

People's Republic of China prohibits two kinds of marriages in terms of kinship.[20]

  1. One person is the direct descendant of another.
  2. One person is another's first cousin.

Hong Kong

In Hong Kong, it is illegal to have sexual intercourse with certain close relatives, even if they are consenting adults. The prohibited relationships are grandfather-granddaughter, father-daughter, brother-sister and mother-son. Punishment is up to 2 decades' imprisonment for male offenders and up to 14 years' imprisonment for female offenders.[21] The law does not cover sexual intercourse with more distant relatives, such as an aunt, uncle, niece, nephew and cousin. It only addresses male-on-female and female-on-male sexual intercourse, and it appears that consensual same-sex incest is not illegal. The law makes an assumption that a female below the age of 16 has no ability to consent to sexual intercourse, therefore a female below 16 cannot commit incest.

Macau

According to Macau's civil code, people in direct line kinship or in the second degree of collateral kinship cannot marry each other.[22]

India

The Indian Penal Code (IPC) does not contain any specific provision against incest, but there are general provisions relating to sexual abuse of children by their custodian, such as a parent or teacher.[23][24] More over the rule of kinship or marriage is governed by the different marriage laws.

Iran

According to the Article 82 of Iran's Penal code, incest is forbidden and its punishment is up to death penalty.

Japan

Consensual incest between adults is legal in Japan .[25]

Malaysia

In Malaysia, it is incest to have sexual intercourse with a person who under the law, religion, custom or usage that applies to the person he or she is not permitted to marry on account of their relationship.[26]

In addition to whipping, persons convicted of incest face a minimum sentence of 6 years' imprisonment and a maximum sentence of 2 decades' imprisonment. It is a defense against the charge if the person did not know the relationship was not permitted or if the sexual intercourse was done without his or her consent. Girls below the age of 16 and boys below the age of 13 are deemed to be incapable of giving consent. (The age of consent for sex in Malaysia is 16 for both sexes.[27])

While it is unclear to which family members the incest law applies, a verdict from the High Court in Sabah and Sarawak in 2011 provided some indication about the sentencing guidelines. It described incest as a "heinous crime" but that the degree of kinship between the parties dictates the "level of repulsion" which the court translates into a sentence imposed. The verdict said the worst on such a scale is incest committed by a father to his biological daughter or a brother to his biological sister, and that such offenders should receive the harshest sentence. It said an uncle and his maternal niece committing incest is not on that same level and, if there was no violence involved, the length of the sentence should reflect it.[28]

There are more severe sentences for those who commit incest through rape. The offence of incestuous rape is punishable with not less than 8 years' imprisonment and not more than 30 years' (3 decades') imprisonment. In addition, those convicted receive not less than 10 strokes.[29]

Malaysian law also considers sexual intercourse with the stepfamily to be incestuous.[30]

Pakistan

The legal code of Pakistan defines incest as marriage (consortion) between a male and either his:

  • wife or former wife of father, grandfather and further ancestors
  • Mother, grandmother and further ancestors
  • Daughter, granddaughter and further descendants
  • full or half sister
  • parents' sisters, grandparents' sisters and further ancestors' sisters
  • daughter, granddaughter and further descendant of full or half sibling
  • suckling ancestor
  • suckling sister
  • Mother, grandmother and further ancestors of wife or former wife
  • Daughter, granddaughter of wife or former wife
  • Wife or former wife of true son or grandson and further descendants
  • Sororal polygyny

Both participants are guilty if they commit the above acts and are charged with Zina.

Philippines

Article 81 of the Civil Code of the Philippines considers marriages between the following incestuous and void from their performance:[31]

  1. Between brothers and sisters, whether of the full or half blood;
  2. Between collateral relatives by blood within the fourth civil degree

A similar prohibition can be found in Articles 37 and 38 of the Family Code.[32]

In the 1973 visa proceedings case of In re: Bautista, an Immigration Officer denied entry to a married couple who were second cousins. In reaching the decision, the immigration officer relied on subsection 1 of Article 81 of the Civil Code. However, on appeal, it was found that the parties were collateral relatives and therefore fell under subsection 2 of the same Code, which prohibits marriages between relatives by blood within the fourth civil degree. The fourth civil degree includes first cousins. Second cousins, who are the children of first cousins, fall under the fifth civil degree and are not covered by the prohibition. The marriage, being valid under the laws of the place of celebration, was then recognized for immigration purposes only.[33]

In addition, the Code of Muslim Personal Laws of the Philippines allows this by consanguinity (tahrimjbin-nasab) the following marriages:[34]

  1. Ascendants and descendants of any degree;
  2. Brothers and sisters, whether germane, consanguine or uterine; and
  3. Brothers or sisters and their descendants within the third civil degree.

Singapore

Section 376G of the Penal Code specifies that "a male, of or above the age of 16, having sexual relations with his grand-daughter, daughter, sister, half-sister, mother or grandmother, with or without consent, shall be guilty of an offence. Any woman of or above the age of 16 years who, with consent, permits her grandfather, father, brother, half-brother, son or grandson (whether such relationship is or is not traced through lawful wedlock) to penetrate her in the manner described in subsection (1)(a) or (b), knowing him to be her grandfather, father, brother, half-brother, son or grandson, as the case may be, shall be guilty of an offence."[35]

Taiwan

In Taiwan, officially the Republic of China (ROC), Article 983 of the Civil Code prohibits marrying any lineal relative by blood or by marriage, collateral relative by blood if is within the sixth degree of relationship (except relative by adoption who is of the same rank), or if collateral relative by marriage is within the fifth degree of relationship of a different rank. Relatives by marriage or adoption are prohibited marriage and cannot marry even after the marriage or adoption has ended. The degree of relationship is calculated vertically, therefore a sibling is within the second degree of relationship. The Judicial Yuan Interpretation No.32 and No.91 allows marriage between siblings by adoption when the adoption was intended for the marriage. When the interpretation was made, it was not uncommon for parents to adopt a child so that their own child can marry the adopted child when both children have grown up. Article 230 of the Penal Code prohibits sexual intercourse between any lineal relatives by blood or collateral relatives within the third degree of relationship by blood. Violators may be imprisoned for up to 5 years.

Thailand

Incestuous relations between adults (over 18 years old) are not prohibited by law. Incestuous marriage is prohibited by law.

Turkey

Sibling marriage and avunculate marriage is prohibited, while cousin marriage is legal.[36] Marriage between parents and offspring is also prohibited, even when there is no blood relationship, i.e. adoptive parent or parent-in-law.[36]

Vietnam

Incest between people of direct blood line is illegal in Vietnam and is punishable by sentencing to between ½ year and ½ decade of imprisonment.[37]

Europe

Most European countries prohibit incest;[38] apart from those listed below, these include: (all articles refer to the Penal Codes) Albania Article 106,[39] Ukraine Article 155 Paragraph 2,[40] Slovenia Article 195,[41] Slovakia Section 203,[42] Serbia Article 197,[43] Poland Article 201,[44] Norway Article 197 and 198,[45] Bosnia and Herzegovina Article 201,[46] Hungary Article 199,[47] Bulgaria,[48] Croatia Article 198,[49] and Cyprus Article 147.[50]

Countries which allow incest between consenting adult siblings include France, Spain, the Benelux and Portugal.[51]

Austria

In Austria, incest between lineal ancestors and descendants and between full siblings is prohibited. It is punishable by up to 9 years in prison.[52]

Denmark

In Denmark , incest is sex between lineal ancestors and descendants and between full siblings. Sex with a descendant is punishable by up to 6 years' imprisonment. Sex between siblings is punishable by up to 2 years' imprisonment.[53][54]

Estonia

Incest is not criminally prohibited in Estonia except as part of the general protection of adolescents from sexual abuse.[55]

Finland

In Finland , sexual acts between one's full sibling (but not half-sibling), ancestor or descendant is punishable from a fine up to 2 years in prison for "sexual act between close relative". But it will not be punished if the person in question has been under 18 years old when have performed the sexual act with parent or grandparent or the person have been forced or illegally persuaded to perform the sexual act.[56] The marriage law defines, that marriage between one's sibling, half-sibling, ancestor or descendant is forbidden.[57]

France, Belgium and Luxembourg

The 1810 penal code promulgated by Napoleon I and adopted throughout most of Europe abolished incest laws in France ,[13] Belgium and Luxembourg. On 27 January 2010, France reinstated laws against incest. The new law, however, defines incest as rape or sexual abuse on a minor "by a relative or any other person having lawful or de facto authority over the victim".[58] Incest between consenting adults is not prohibited.

Germany

In Germany , incest is legally defined as vaginal intercourse between lineal ancestors and descendants (parents, grandparents, great-grandparents and their children, grandchildren, great-grandchildren) and between full and half siblings.[59] The penalty is a fine or up to 3 years of prison. Incest between relatives who are minors (below 18 years old) at the time of offence is not punishable but remains a crime, therefore aiding and abetting of incest between related minors is punishable.[60]

Regarding marriage, the same rules apply and prohibit marriage between aforementioned relatives.[61]

The criminal liability of incest among consenting adults is disputed in Germany. In the case of Patrick Stübing, the Federal Constitutional Court ruled in 2008 that the criminalization of incest is constitutional in a 7:1 vote with one judge dissenting.[62]

In September 2014 the German Ethics Council recommended that the government abolish laws criminalizing consensual incest between adult siblings, arguing that such bans impinge upon citizens.[63]

Greece

Article 345[64] of the Greek Penal Code as modified by Article 2, Paragraph 8 of Law 3625/2007[65] and Article 3 Paragraph 10 of Law 3727/2008[66] prohibits incestuous relations between relatives of both ascending and descending line, and between half or full siblings, and imposes (1) for the ascending relative (for example father, uncle, grandfather etc.): at least a decade imprisonment if the descending relative is under 15 years old, imprisonment if 15 but not 18 years old, and maximum 2 years' imprisonment if 18 years and older; (2) for the descending relative (for example child, nephew etc.) maximum 2 years' imprisonment; (3) for half or full siblings maximum 2 years' imprisonment. Paragraph 2 of Article 345 Penal Code also states that if the descending relative and the half or full siblings were under 18 years old, they might be cleared of any charge.

Also, Article 1357[67] of the Greek Civil Code prohibits the marriage of relatives of direct blood line in totality, and up the four degrees of consanguinity of the secondary blood line (for example you can marry the first cousin of your mother / father, but not your first cousin). Article 1358 of the Greek Civil Code also prohibits the marriage of relatives in law totally in direct blood line, and up the third degree of the secondary blood line.

Iceland

Article 200[68] of the Icelandic Penal Code prohibits incestuous relations between relatives of both ascending and descending line, and between half or full siblings, and (1) imposes for the ascending relative (for example father, uncle, grandfather etc.): imprisonment up to a maximum of 12 years if the descending relative is between 15 and 17 years old, imprisonment up to a maximum of 8 years if 18 years and older; (2) for siblings a maximum 4 years' imprisonment – if the half or full siblings were under 18 years old, they might be cleared of any charge.

Republic of Ireland

Incest is illegal in the Republic of Ireland under the Punishment of Incest Act 1908,[69] which pre-dates the foundation of the state.

It is illegal for a male to have sexual intercourse with his granddaughter, mother, daughter or sister (including half-sister); and for a female (over sixteen years of age) with her grandfather, father, son or brother (including half-brother). The act does not refer to other familial relationships (such as grandson-grandmother), or same-sex relations.[69]

It is punishable by up to 7 years' imprisonment for a female and up to life imprisonment for a male.[70] The maximum sentence for males was increased from seven years to twenty years by the Criminal Justice Act, 1993;[71] and further increased to life imprisonment by the Criminal Law (Incest Proceedings) Act, 1995.[72]

The maximum sentence for females has never been increased from the 7 years specified in the original 1908 act. A private members' bill introduced in 2012 by Denis Naughten TD attempted to redress this inequality in sentencing by increasing the maximum sentence for females to life imprisonment. However, during a speech made during the second stage reading of the bill in March 2014, Justice Minister Alan Shatter TD stated that while he was not opposed to the bill in principle, a sexual offences bill announced by the government on 17 December 2013 will "include measures to equalise upwards the penalties for incest by male and female offenders" and also "take a more comprehensive approach to reform of the law in this area".[73]

Occasionally, offenders convicted of incest will be admitted to a psychiatric hospital for psychiatric treatment.[citation needed]

Italy

Incest is illegal in Italy only if it provokes public scandal, according to Article 564 of the Penal code and punishable from 2 to 8 years' imprisonment, open to more years for the older person if the other was under aged.[74]

Latvia

Incest is not criminally prohibited in Latvia except as part of the general protection of adolescents from sexual abuse.[55]

Lithuania

Incest is not criminally prohibited in Lithuania except as part of the general protection of adolescents from sexual abuse.[55]

Netherlands

Consensual incest between adults is legal in the Netherlands.[6] Marriage is forbidden between ancestors and descendants or between siblings, although the Minister of Justice may grant dispensation in the case of siblings by adoption. Marriage is also forbidden between blood relations of the third and fourth degree, unless both partners have signed a declaration of consent. (Dutch civil law book 1, articles 41 and 42.[75])

Norway

Incest is illegal in Norway and is defined as intercourse between ancestors and descendants, siblings, and even stepfamily. It is punishable by up to 5 years in prison.[76]

Poland

In Poland , incest is defined in Article 201 of the Penal Code as sexual intercourse with an ancestor, descendant, guardian, ward, brother, or sister, and is punishable by imprisonment for no less than 3 months and no more than 5 years.

Portugal

Incest is not specifically prohibited under Portuguese law.[77]

Romania

Incest is defined in the Penal Code as "consensual sexual relations between lineal relatives or between siblings" and is punished by a year to ​1⁄2 decade in prison.[78]

Russia

In Russia , consensual sex between adults, including incest, is not a crime.[6][79] However, under the Family Code of Russia, persons who are related lineally, siblings, half-siblings, and a stepparent and a stepchild may not marry.[80]

Slovenia

Incest in Slovenia is not criminally prohibited unless one person is a minor. A person who has sexual relations with a blood relation minor is punished to 2 years in prison. [81]

Spain

Consensual incest between adults is legal in Spain .[6]

Sweden

Incest with a descendant or a full sibling is prohibited by law in Sweden.[82] Half-siblings can marry, but require special approval by the government.

Switzerland

Article 213 of the Swiss Penal Code prohibits incest. Intercourse among siblings or other persons related by blood in direct line is punishable by up to 3 years' imprisonment.[83] The federal government proposed to abolish this prohibition in 2010, arguing that in the few cases where persons were convicted of incest (three since 1984), other sexual crimes such as child sexual abuse were also committed.[84]

United Kingdom

Legislation regarding sexual offences in the United Kingdom is devolved. Sex with an adult who is related as parent (including adoptive parent), grandparent, child (including adopted child), grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece, is illegal. In England and Wales the offence is against the Sexual Offences Act 2003[85] which effectively replaced the offence of incest with two new wider groups of offences: familial child sex offences (sections 25–29) and sex with an adult relative (sections 64–65). These laws are intended to protect the rights of people, so as to avoid potential violation. However, these laws still outlaw consensual sexual relationships between family members, even if they are fully willing and knowledgeable to the potential consequences.[86] There has been some debate surrounding the rhetoric used by the Sexual Offences Review Team. Roffee discusses how the language used manipulates the reader to deem consensual familial sexual acts as illegal to the point of immoral.[87] In Northern Ireland similar offences are against the Sexual Offences (Northern Ireland) Order 2008.[88]

In Scotland the offence is against the Criminal Law (Consolidation) (Scotland) Act 1995,[89] the provisions of which effectively replaced the Incest and Related Offences (Scotland) Act 1986[90] (although the 1986 Act was not actually repealed until 2010).[91] Prior to the 1986 Act the law was based on the Incest Act 1567 which incorporated into Scots criminal law Chapter 18 of the Book of Leviticus, using the version of the text of the Geneva Bible of 1562.[92] In January 2016 a petition calling for “Adult Consensual Incest” to be decriminalised, was submitted to the Scottish Parliament's Public Petitions Committee but the petition was not debated and no change was made to the law.[93]

Oceania

Australia

In Australia , under federal law, sexual conduct between consenting adults (18 years of age or older) is legal,[94][95] and state incest laws are subject to the overriding federal law. Federal law prohibits marriage to an ancestor and descendant or sibling (including a sibling of half-blood), including those traced through adoption.[96][97]

Subject to conflicting Commonwealth laws, incest is a crime in every Australian jurisdiction,[98] but definitions and penalties vary.

In all jurisdictions except New South Wales, incest is sexual intercourse between a lineal ancestor and a lineal descendant. In New South Wales, incest takes place between "close family members", which are "parent, son, daughter, sibling (including a half-brother or half-sister), grandparent or grandchild, being such a family member from birth".[99] Incest generally only applies in cases where a participant is aged 16 or over (the age of consent in that state); and where the participant is aged between 10 and 16 years of age an older participant would generally be charged with sexual intercourse with a child under the age of 16, while cases in which a participant is under 10 an older participant would generally be charged with sexual intercourse with a child under the age of 10.

In Queensland, unlawful incest includes sexual intercourse between an uncle or aunt with their niece or nephew, although here its application is curtailed by the effect of the federal Marriage Act 1961, as the Queensland Criminal Code states that the crime of incest does not apply to “persons who are lawfully married or entitled to be lawfully married”. Thus it is not incest for a niece aged 16 or over to engage in sexual intercourse with their uncles and a nephew aged 16 or over may engage in sexual intercourse with their aunts. The same principles apply in a same-sex context, as the Marriage Act allows same-sex marriage.

In all other jurisdictions, incest can also arise where one of the parties 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 under the age of 10 (New South Wales and Northern Territory), 12, 16 or 17 (South Australia and Tasmania) as the case may be. 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 defense to incest. The maximum penalty for incest varies: 8 years' imprisonment in New South Wales;[99] 1 decade imprisonment in South Australia; 2 decades' imprisonment in Western Australia and the Australian Capital Territory; 2½ decades' imprisonment in the Northern Territory, Victoria and Tasmania; and life imprisonment in Queensland. After one conviction for incest, the offender's name is placed on the sex offender registry for 1​1⁄2 decades, while any offender with two or more convictions for incest has their name placed on the Register for the remainder of their life.

New Zealand

In New Zealand, incest is sexual connection between a parent and child (both biological and adopted), grandparent and grandchild (both biological and adopted), and full and half siblings.

It is a defence if the person was unaware of the relationship at the time of the act (i.e. accidental incest). A conviction for incest attracts a maximum penalty of a decade imprisonment.[100] Incest is the only sexual crime punishable by 7 years or more imprisonment that is not subject to the country's "three-strikes" law.[101]

It is also illegal in New Zealand to have a sexual connection with a dependent child under 18; this includes step-children, foster children and wards. A conviction for having a sexual connection, or attempting to have a sexual connection, with a dependent child attracts a maximum penalty of 7 years' imprisonment.[102]

See also

References

  1. ↑ Levesque, Roger J. R. (1999). Sexual Abuse of Children: A Human Rights Perspective. Indiana University Press. pp. 1,5–6,176–180. 
  2. ↑ "United Nations Convention on the Rights of the Child". Office of the United Nations High Commissioner for Human Rights. 1989. Archived from the original on 2010-06-11. https://web.archive.org/web/20100611182141/http://www2.ohchr.org/english/law/crc.htm. 
  3. ↑ By replacement in the definition of the notion of "generation" by meiosis". Since identical twins are not separated by meiosis, there are no "generations" between them, hence n=0 and r=1. See genetic-genealogy.co.uk.
  4. ↑ "Kin Selection". Benjamin/Cummings. http://taumoda.com/web/PD/library/kin.html. Retrieved 2007-11-25. 
  5. ↑ This degree of relationship is usually indistinguishable from the relationship to a random individual within the same population (tribe, country, ethnic group).
  6. ↑ 6.0 6.1 6.2 6.3 6.4 "Limits on the Protection of Legal Interest in the Criminalization of Incest (page 29)". Max Planck Institute for Foreign and International Criminal Law. 14 March 2008. http://www.mpicc.de/shared/data/pdf/05-08-inzest_gutachten.pdf. Retrieved 30 August 2012. 
  7. ↑ Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, s. 12.
  8. ↑ Milton, John (1996). South African Criminal Law and Procedure: Common-law crimes (3rd ed.). Cape Town: Juta. pp. 234–247. ISBN 978-0-7021-3773-0. 
  9. ↑ Criminal Law Codification and Reform Act of Zimbabwe Chapter 9; 23
  10. ↑ section 75 of the Criminal Law Codification and Reform Act (The Code)
  11. ↑ "Crimes against sexual integrity. Argentine Criminal Code". http://www.infoleg.gov.ar/infolegInternet/anexos/15000-19999/16546/texact.htm#17. 
  12. ↑ "Civil marriage legislation. Argentine Civil Code". http://www.infoleg.gov.ar/infolegInternet/anexos/105000-109999/109481/texactley340_libroI_S2_tituloI.htm. 
  13. ↑ 13.0 13.1 "Incest: an age-old taboo". BBC News. 12 March 2007. http://news.bbc.co.uk/1/hi/6424337.stm. Retrieved 30 December 2011. "In Brazil, an uncle and niece may have a relationship provided they undergo health checks. [...] France dropped incest from the penal code under Napoleon - 200 years ago." 
  14. ↑ 14.0 14.1 14.2 "Mundo do Direito, da Hist贸ria, da M煤sica e da Literatura.". direitomaisdireito.blogspot.com.br. http://direitomaisdireito.blogspot.com.br/2010/02/situacoes-nas-quais-duas-pessoas-estao.html. 
  15. ↑ 15.0 15.1 15.2 Direito Brasil – Marriage (in Portuguese)
  16. ↑ "Criminal Code R.S.C. 1985, c. C-46, s. 155". Archived from the original on 2015-04-30. https://web.archive.org/web/20150430001252/http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html. 
  17. ↑ 17.0 17.1 17.2 "Inbred Obscurity: Improving Incest Laws in the Shadow of the 'Sexual Family', p. 2469-2470". Harvard Law Review. June 2006. https://www.jstor.org/discover/10.2307/4093513?uid=2&uid=4&sid=21103075691991. Retrieved 7 December 2013. 
  18. ↑ State Criminal Incest Statutes, National District Attorneys Association.
  19. ↑ Turner, Jeffrey S. (1996). Encyclopedia of Relationships Across the Lifespan. Greenwood Publishing Group. pp. 92. ISBN 0-313-29576-X. 
  20. ↑ "中华人民共和国婚姻法（修正）". http://www.npc.gov.cn/npc/lfzt/rlyw/2016-07/01/content_1992746.htm. 
  21. ↑ CAP 200 Crimes Ordinance, Part VI, s.47-51. (22 May 1998)
  22. ↑ "Código Civil - Artigo 1480.º". http://bo.io.gov.mo/bo/i/99/31/codcivpt/codciv1401.asp. 
  23. ↑ "Incest and the conspiracy of silence". Indiatogether.org. 30 April 2009. http://www.indiatogether.org/2009/apr/chi-incest.htm. 
  24. ↑ "Incest in India". ndtv.com. 12 August 2009. http://doctor.ndtv.com/topicdetails/ndtv/tid/427/Incest.html/. 
  25. ↑ https://www.japantimes.co.jp/opinion/2014/10/10/commentary/world-commentary/shout-adult-sibling-incest-be-against-the-law/
  26. ↑ "Archived copy". Archived from the original on 2015-02-26. https://web.archive.org/web/20150226041337/http://www.agc.gov.my/Akta/Vol.%2012/Act%20574.pdf. Retrieved 2015-04-07.  Laws of Malaysia
  27. ↑ "Sexual Offences Laws – Malaysia – Interpol". Pdfdownload.org. Archived from the original on 24 March 2012. https://web.archive.org/web/20120324172851/http://www.pdfdownload.org/pdf2html/pdf2html.php?url=http%3A%2F%2Fwww.interpol.int%2FPublic%2FChildren%2FSexualAbuse%2FNationalLaws%2FcsaMalaysia.pdf&images=yes. Retrieved 11 April 2012. 
  28. ↑ http://malaysianlaw.my/attachments/HCSS-Suit%20No-CRA-KCH-42-5-2011Ziaddi_49489.pdf Malaysia incest case judgement
  29. ↑ Malaysian Penal Code
  30. ↑ "Charged with incest". New Straits Times. 29 March 2012. http://www.nst.com.my/nation/general/charged-with-incest-1.67536. Retrieved 29 March 2012. 
  31. ↑ Civil Code of the Philippines, Article 81.
  32. ↑ Family Code of the Philippines, Articles 37 and 38.
  33. ↑ Matter of Bautista In Visa Proceedings, A-21307895, September 12, 1978
  34. ↑ Code of Muslim Personal Laws of the Philippines, Article 24.
  35. ↑ http://statutes.agc.gov.sg/aol/search/display/view.w3p;ident=9f804d76-c39f-4e35-8cfe-1be8dd20bfe9;page=0;query=DocId%3A%22025e7646-947b-462c-b557-60aa55dc7b42%22%20Status%3Ainforce%20Depth%3A0;rec=0#pr376G-he-.
  36. ↑ 36.0 36.1 Turkish civil law (Turkish)
  37. ↑ "Penal Code (No. 15/1999/QH10) Article 150". Ministry of Justice. Archived from the original on 2 October 2013. https://web.archive.org/web/20131002004440/http://vbqppl.moj.gov.vn/vbpq/en/_layouts/printeng.aspx?id=610. Retrieved 10 October 2011. 
  38. ↑ "Roffee James A., ‘Lifting the Veil on Incest: The Historical Development of the Offence’ The International Journal of Interdisciplinary Social Sciences, [2011 5(10) 297-312"]. http://iji.cgpublisher.com/product/pub.88/prod.1300. 
  39. ↑ "Rule of Law Through Technology : Level 4 Page". kentlaw.edu. http://pbosnia.kentlaw.edu/resources/legal/albania/crim_code.htm. 
  40. ↑ "Legislationline". legislationline.org. http://www.legislationline.org/documents/action/popup/id/16257/preview. 
  41. ↑ "Criminal codes - Legislationline". legislationline.org. http://www.legislationline.org/documents/section/criminal-codes/country/3. 
  42. ↑ "Criminal codes - Legislationline". legislationline.org. http://www.legislationline.org/documents/section/criminal-codes/country/4. 
  43. ↑ "Criminal Code of the Republic of Serbia". osce.org. http://www.osce.org/serbia/18244. 
  44. ↑ "Criminal codes - Legislationline". legislationline.org. http://www.legislationline.org/documents/section/criminal-codes/country/10. 
  45. ↑ "Criminal codes - Legislationline". legislationline.org. http://www.legislationline.org/documents/section/criminal-codes/country/11. 
  46. ↑ "Criminal codes - Legislationline". legislationline.org. http://www.legislationline.org/documents/section/criminal-codes/country/40. 
  47. ↑ "Criminal codes - Legislationline". legislationline.org. http://www.legislationline.org/documents/section/criminal-codes/country/25. 
  48. ↑ "Legislationline". legislationline.org. http://www.legislationline.org/documents/action/popup/id/8881/preview. 
  49. ↑ "Criminal codes - Legislationline". legislationline.org. http://www.legislationline.org/documents/section/criminal-codes/country/37. 
  50. ↑ "Ï ðåñß Ðïéíéêïý Êþäéêá Íüìïò - ÊÅÖ.154". cylaw.org. http://www.cylaw.org/nomoi/enop/non-ind/0_154/full.html. 
  51. ↑ "Geschwisterpaar bringt Inzest-Verbot ins Wanken" (in German). 22 May 2011. http://www.focus.de/panorama/welt/tid-22414/europaeischer-gerichtshof-geschwisterpaar-bringt-inzest-verbot-ins-wanken_aid_629510.html. 
  52. ↑ § 211 StGB: http://www.jusline.at/211_Blutschande_StGB.html
  53. ↑ Danish penal law, paragraph 210
  54. ↑ retsinformation.dk
  55. ↑ 55.0 55.1 55.2 "The myth about legalization of incest in the West is misleading". http://eurocommunicator.ge/eng/view_myth/1. 
  56. ↑ "Finnish law regarding sexual act between close relative 22 § (24.7.1998/563)". http://www.finlex.fi/fi/laki/ajantasa/1889/18890039001#L17. 
  57. ↑ "Avioliittolaki - marriage law 7 § (16.4.1987/411)(in Finnish)". http://www.finlex.fi/fi/laki/ajantasa/1929/19290234. 
  58. ↑ Samuel, Henry. "France makes incest a crime". The Telegraph.
  59. ↑ "StGB - Einzelnorm". juris.de. http://bundesrecht.juris.de/stgb/__173.html. 
  60. ↑ See :de:Inzest#Rechtslage in Deutschland.
  61. ↑ "BGB - Einzelnorm". juris.de. http://bundesrecht.juris.de/bgb/__1307.html. 
  62. ↑ "Bundesverfassungsgericht". bverfg.de. http://www.bverfg.de/entscheidungen/rs20080226_2bvr039207.html. 
  63. ↑ "German Ethics Council: Incest Is a Right". The Daily Beast. 2014-09-24. http://www.thedailybeast.com/cheats/2014/09/24/german-ethics-council-incest-is-a-right.html. Retrieved 2014-10-05. 
  64. ↑ "Υπουργείο Δικαιοσύνης - Κώδικες > Ευρετήριο > ΠΟΙΝΙΚΟΣ ΚΩΔΙΚΑΣ". ministryofjustice.gr. http://www.ministryofjustice.gr/site/kodikes/%CE%95%CF%85%CF%81%CE%B5%CF%84%CE%AE%CF%81%CE%B9%CE%BF/%CE%A0%CE%9F%CE%99%CE%9D%CE%99%CE%9A%CE%9F%CE%A3%CE%9A%CE%A9%CE%94%CE%99%CE%9A%CE%91%CE%A3/tabid/432/language/el-GR/Default.aspx. 
  65. ↑ Law 3625/2007 (In Greek)
  66. ↑ Law 3727/2008 (In Greek)
  67. ↑ Greek Civil Code (In Greek)
  68. ↑ "19/1940 Almenn hegningarlög". http://www.althingi.is/lagas/146a/1940019.html#G200. 
  69. ↑ 69.0 69.1 "Punishment of Incest Act, 1908". irishstatutebook.ie. http://www.irishstatutebook.ie/1908/en/act/pub/0045/print.html. 
  70. ↑ The law on sexual offences in Ireland
  71. ↑ "Criminal Justice Act, 1993". irishstatutebook.ie. http://www.irishstatutebook.ie/1993/en/act/pub/0006/print.html. 
  72. ↑ "Criminal Law (Incest Proceedings) Act, 1995". irishstatutebook.ie. http://www.irishstatutebook.ie/1995/en/act/pub/0012/print.html. 
  73. ↑ [1]
  74. ↑ "Dei delitti contro la famiglia". Altalex. http://www.altalex.com/index.php?idnot=36773. 
  75. ↑ "Dutch civil law, book 1, article 41". http://wetten.overheid.nl/BWBR0002656/Boek1/Titel5/Afdeling1/Artikel41/geldigheidsdatum_08-09-2015. Retrieved 8 September 2015. 
  76. ↑ Straffelovens kapittel 19
  77. ↑ "Committee Experts Praise Portugal's Efforts to Promote Equality of Women". Committee on Elimination of Discrimination against Women. January 2002. https://www.un.org/News/Press/docs/2002/WOM1309.doc.htm. 
  78. ↑ "Noul Cod Penal (2013/2014)". http://www.avocatura.com/ll491-noul-cod-penal.html. Retrieved 2013-04-24. 
  79. ↑ Agafonov A.V. (2003). (in Russian)Сибирский юридический вестник 2. ISSN 2071-8136. http://www.lawinstitut.ru/archnum.aspx?lang=ru. Retrieved 30 October 2009. 
  80. ↑ Family Code of Russia, article 14
  81. ↑ "Incest" (in sl). Wikipedija, prosta enciklopedija. 2017-02-21. https://sl.wikipedia.org/w/index.php?title=Incest&oldid=4808396. 
  82. ↑ "Brottsbalken kap. 6 § 7". http://www.notisum.se/rnp/SLS/LAG/19620700.htm#K6P7S1. Retrieved 10 December 2009. 
  83. ↑ Template:Cite swiss law
  84. ↑ Masmejan, Denis (18 September 2010). "Dépénaliser l’inceste n’est pas une bonne idée". Le Temps. Archived from the original on 21 September 2010. https://web.archive.org/web/20100921065451/http://www.letemps.ch/Page/Uuid/10ba23fe-c29c-11df-a569-2385a4a9126b/D%C3%A9p%C3%A9naliser_linceste_nest_pas_une_bonne_id%C3%A9e. Retrieved 19 September 2010. 
  85. ↑ "Sexual Offences Act 2003". http://www.legislation.gov.uk/ukpga/2003/42/contents. Retrieved 20 March 2016. 
  86. ↑ "No Consensus on Incest? Criminalisation and Compatibility with the European Convention on Human Rights". Human Rights Law Review 14: 541–572. doi:10.1093/hrlr/ngu023. 
  87. ↑ "The Synthetic Necessary Truth Behind New Labour’s Criminalisation of Incest". Social & Legal Studies 23: 113–130. doi:10.1177/0964663913502068. http://journals.sagepub.com/doi/abs/10.1177/0964663913502068?legid=spsls%3B23%2F1%2F113&patientinform-links=yes. 
  88. ↑ "The Sexual Offences (Northern Ireland) Order 2008". http://www.legislation.gov.uk/nisi/2008/1769/contents. Retrieved 20 March 2016. 
  89. ↑ "Criminal Law (Consolidation) (Scotland) Act 1995". http://www.legislation.gov.uk/ukpga/1995/39/part/I/crossheading/incest-and-related-offences. Retrieved 20 March 2016. 
  90. ↑ "Incest and Related Offences (Scotland) Act 1986". http://www.legislation.gov.uk/ukpga/1986/36/section/1/enacted. Retrieved 20 March 2016. 
  91. ↑ "Criminal Justice and Licensing (Scotland) Act 2010". http://www.legislation.gov.uk/asp/2010/13/schedule/7. Retrieved 20 March 2016. 
  92. ↑ "Briefing for the Public Petitions Committee - Adult Consensual Incest". http://www.scottish.parliament.uk/ResearchBriefingsAndFactsheets/Petitions%20briefings%20S4/PB16-1599.pdf. Retrieved 20 March 2016. 
  93. ↑ "PE01599: Adult Consensual Incest (ACI)". http://www.scottish.parliament.uk/GettingInvolved/Petitions/ACI. Retrieved 20 March 2016. 
  94. ↑ "Human Rights (Sexual Conduct) Act 1994". Commonwealth Consolidated Acts. http://www.austlii.edu.au/au/legis/cth/consol_act/hrca1994297/s4.html. Retrieved 2012-11-09. 
  95. ↑ Human rights in Australian law: principles, practice and potential, (1998) edited by David Kinley. ISBN:1862873062.
  96. ↑ Marriage Act 1961, section 23B
  97. ↑ "Marriage Act 1961, s 23B". http://www.austlii.edu.au/au/legis/cth/consol_act/ma196185/s23b.html. 
  98. ↑ See NSW: "Crimes Act 1900 s 78A". http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s78a.html. ; Vic: "Crimes Act 1958 s 44". http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s44.html. ; Qld: "Criminal Code s 222". http://www.austlii.edu.au/au/legis/qld/consol_act/cc189994/s222.html. ; SA: "Criminal Law Consolidation Act 1935 s 72". http://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/s72.html. ; WA: "Criminal Code s 329". http://www.austlii.edu.au/au/legis/wa/consol_act/cc94/s329.html. ; Tas: "Criminal Code s 133". http://www.thelaw.tas.gov.au/tocview/content.w3p;cond=;doc_id=69%2B%2B1924%2BJS1%40GS133%40EN%2B20071018000000;histon=;prompt=;rec=;term=. ; ACT: "Crimes Act 1900 s 62". http://www.austlii.edu.au/au/legis/act/consol_act/ca190082/s62.html. ; NT: "Criminal Code s 134". http://www.austlii.edu.au/au/legis/nt/consol_act/cc94/s134.html. .
  99. ↑ 99.0 99.1 "Crimes Act 1900 (NSW), s 78A". http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s78a.html. .
  100. ↑ "130 Incest -- Crimes Act 1961 No 43 (as at 13 July 2011), Public Act -- New Zealand Legislation Online". Parliamentary Counsel Office. 13 July 2011. http://www.legislation.govt.nz/act/public/1961/0043/latest/DLM329081.html#DLM329081. Retrieved 10 February 2012. 
  101. ↑ "86A Interpretation -- Additional consequences for repeated serious violent offending -- Sentencing Act 2002 No 9 (as at 22 January 2014), Public Act -- New Zealand Legislation Online". Parliamentary Counsel Office. 22 January 2014. http://www.legislation.govt.nz/act/public/2002/0009/latest/DLM3023002.html. Retrieved 12 June 2014. 
  102. ↑ "131 Sexual conduct with dependent family member -- Crimes Act 1961 No 43 (as at 11 May 2014), Public Act -- New Zealand Legislation Online". Parliamentary Counsel Office. 11 May 2014. http://www.legislation.govt.nz/act/public/1961/0043/latest/DLM329085.html. Retrieved 12 June 2014. 

External links

  • Hughes, Graham. "The Crime of Incest." Journal of Criminal Law and Criminology, Fall 1964. Volume 55, Issue 3 (September), Article 2, p. 322-331.




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