Laws regarding incest

Main article: Incest

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Laws regarding incest vary from legal to prohibited in different countries.
Red: Incestuous relationships are prohibited
Yellow: Incestuous relationships are allowed, but marriages are prohibited
Blue: Incestuous relationships and marriages allowed.

Incest is sexual intercourse between close relatives that is illegal in the jurisdiction where it takes place or is socially taboo (or both) and can be illegal or legal depending on the jurisdiction.

The exact definition, including the nature of the relationship between people, 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 considered to be a form of child sexual abuse.

Latin America

Argentina

In Argentina, incest between individuals who are over the minimum age of consent is not prohibited. Marriage between 3rd degree relatives (avunculate marriage) 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).

Brazil

In Brazil, incest is considered any kind of sexual interaction between two blood related human beings. It has no criminal punishment if the involved are over the age of 14, capable of acting upon their legal rights, and that consent means that the relationship is absent of any kind of coercion or fraud. An uncle or aunt is allowed to have a relationship with a nephew or niece provided that they have a health check.

Oceania

Australia

In Australia, marriage (which is defined to be a monogamous heterosexual union) 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. Moreover, incest is a crime in every Australian state and self-governing territory, but 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.

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, as 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). In New South Wales, the crime of incest generally 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 generally be charged with sexual intercourse with a child under the age of 16, or in cases where the victim is under 10, the accused would generally be charged with sexual intercourse with a child under the age of 10.

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 under the age of 10 or 16 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 the crime of incest. A conviction for incest attracts a maximum penalty of 10 years imprisonment in South Australia, 20 years imprisonment in Western Australia and the Australian Capital Territory, 25 years imprisonment in the Northern Territory, Victoria, Tasmania and New South Wales, and life imprisonment in Queensland.

Two or more convictions for incest also places the offender on the Sex Offenders Register for the remainder of their life.

New Zealand

Incest is illegal in New Zealand. This applies to parent/child relationships, grandparent/grandchild relationships, and relationships between siblings and half-siblings. A conviction for incest attracts a maximum penalty of 10 years imprisonment.

Europe

Most European countries have laws against incest between lineal ancestors/descendants, and between full siblings. However, in most countries these laws are no longer enforced if the incest takes place between consenting adults..

Austria

in Austria, incest between lineal ancestors and descendants and between full siblings is prohibited. Is punishable up to two years in prison.

See Josef Fritzl case.

United Kingdom

Incest is illegal in England and Wales. It is defined as sex, whether heterosexual or homosexual, between a person and their parent, grandparent, child, grandchild, sibling, half-sibling, uncle, aunt, nephew or niece. It is punishable with up to 14 years imprisonment.^{[citation needed]}

Finland

In Finland, sexual acts between one's 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" unless the person in question is under 18 years old or have been forced or illegally persuaded to perform the sexual act. 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.

France

Napoleon abolished incest laws in France and Belgium. Incest had been legal in these two countries. On 27 January 2010, France reinstated laws against incest, which had been thrown out during the French Revolution as a "religious taboo" over 200 years prior. 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". Incest between consenting adults is not prohibited.

Germany

In Germany, incest is punishable by law if consummated between people related by blood in direct line only, therefore between parents, grandparents, great-grandparents and their children, grandchildren, great-grandchildren plus among siblings and half siblings. 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. The legal term used in German jurisdiction is "Beischlaf" (engl. coitus); only vaginal intercourse is punishable, other forms of sexual activity remain exempt from punishment.

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

The criminal liability of incest among consenting adults is socially disputed in Germany, though the Federal Court of Justice (comparable to US Supreme Court) ruled in 26 February 2008 that § 173 StGB is constitutional in a 7:1 vote with one judge having a dissenting opinion regarding the commensurability.

See also the case of Patrick Stuebing.

Republic of Ireland

Incest is illegal in the Republic of Ireland. It is punishable by up to seven years imprisonment for a female and up to life imprisonment for a male. A girl aged under 17 years of age can not be prosecuted for incest.

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.

Russia

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

Sweden

Incest with a descendant or a full sibling is prohibited by law in Sweden. 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 three years imprisonment. 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.

North America

Canada

Under Canadian law, incest is defined as having a sexual relationship with a sibling (including half-sibling), child/parent or grandchild/grandparent while knowing the existence of the blood relationship. It is punishable by up to 14 years imprisonment.

United States

In the United States, every state and the District of Columbia have some form of codified incest prohibition. 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 when both parties are 18 years of age or older. 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 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, although Rhode Island allows uncles to marry their nieces if they are part of a community, such as orthodox Jews, for whom such marriages are permitted. Many states also apply incest laws to non-blood relations including stepparents, step-siblings, and in-laws.

UCLA law professor Eugene Volokh has questioned the rationale behind laws prohibiting incest, at least as they apply to sex between adults.

Asia

China

Incest is illegal in the People's Republic of China.

In the Republic of China, 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. 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. Violaters may be imprisoned for up to 5 years.

India

Incest in India by law is recognized as a punishable crime, if one of the parties is a minor.

Israel

Incest is legal in Israel.

Japan

Incest is legal in Japan.

Turkey

Consensual incest is legal in Turkey.

South Africa

In South Africa, incest is a statutory crime according to the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007. Prior to the passing of this act, incest was treated as a common law offence.

The act defines the offence of incest as sexual penetration between persons who are related lineally, by first-degree collateral descendant (siblings, nieces and nephews), by affinity, and by adoption.

See also

• Mahram

References

Notes