Legality of incest: Difference between revisions
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Incest is prohibited by law in Sweden<ref name=swed001>{{cite web|url=http://www.notisum.se/rnp/SLS/LAG/19620700.htm#K6P7S1|title="Brottsbalken kap. 6 § 7"|author= |date=|publisher=|accessdate=2009-12-10}}</ref>. The law only applies to full siblings and parent/child relationships; half-siblings can marry, but require special approval by the government. |
Incest is prohibited by law in Sweden<ref name=swed001>{{cite web|url=http://www.notisum.se/rnp/SLS/LAG/19620700.htm#K6P7S1|title="Brottsbalken kap. 6 § 7"|author= |date=|publisher=|accessdate=2009-12-10}}</ref>. The law only applies to full siblings and parent/child relationships; half-siblings can marry, but require special approval by the government. |
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== United Kingdom == |
== United Kingdom (England and Wales) == |
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Incest is illegal in |
Incest is illegal in England and Wales and covers sex, whether heterosexual or homosexual between a person and their parents, grandparents, children, grandchildren, siblings, half-siblings, uncle, aunt, nephew or niece. It is punishable by up to 14 years imprisonment. The provisions criminalising incest are now titled Familial Sex Offences and are prohibited under Sections 64 and 65 of the Sexual Offences Act 2003<ref>http://www.opsi.gov.uk/acts/acts2003/ukpga_20030042_en_5</ref> which replaces the older Incest by a Male and Incest by a Female offences found in the Sexual Offences Act 1956. |
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== United States == |
== United States == |
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Revision as of 11:31, 16 March 2010
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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.[1][2]
Australia
In Australia, marriage (which is defined to be a monogamous heterosexual union)[3] 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.[4] Moreover, incest is a crime in every Australian state and self-governing territory,[5] 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).[6] 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 defence 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.
Belgium
Incest is legal in Belgium; the age of consent is 16.
Brazil
Incest is legal in Brazil; the age of consent is 14.
Canada
Under Canadian law persons who are related lineally, or as brother or sister , including by adoption may not marry.[7] Incest, which covers sex with one's parent, child, brother or sister (including half-brothers and half-sisters), grandparent or grandchild, is also an indictable offence and liable to a maximum of 14 years' imprisonment.[8]
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.[9] 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.[10]
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 halfsiblings. 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 de:Inzest#Rechtslage in Deutschland. The legal term used in German jurisdiction is "Beischlaf" (engl. coitus)[1], 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 [2].
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 02.26.2008[3] that § 173 StGB [4] is constitutional in a 7:1 vote with one judge having a dissenting opinion regarding the commensurability.
India
Indian legal statutes do not contain any specific provisions against incest[11] .
However, among certain groups of Hindus, marriage within the gotra (a very loosely defined extended family) is frowned upon and may even result in honor killings.[12]. Conversely, marriages among cousins is not only tolerated, but encouraged amongst asian communities. [13].
Ireland
Incest is illegal in Ireland. It is punishable by 7 years to life imprisonment.
New Zealand
Incest is illegal in New Zealand. A conviction for incest attracts a maximum penalty of 10 years imprisonment. This applies to parent/child and grandparent/grandchild relations, as well as relations between siblings and half-siblings, but not between cousins.
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.[14]
Russia
In Russia, consensual sex between adults, including incest, is not a crime.[15] However, under the Family Code of Russia, persons who are related lineally, siblings, half-siblings, and a stepparent and a stepchild may not marry.[16]
Sweden
Incest is prohibited by law in Sweden[17]. The law only applies to full siblings and parent/child relationships; half-siblings can marry, but require special approval by the government.
United Kingdom (England and Wales)
Incest is illegal in England and Wales and covers sex, whether heterosexual or homosexual between a person and their parents, grandparents, children, grandchildren, siblings, half-siblings, uncle, aunt, nephew or niece. It is punishable by up to 14 years imprisonment. The provisions criminalising incest are now titled Familial Sex Offences and are prohibited under Sections 64 and 65 of the Sexual Offences Act 2003[18] which replaces the older Incest by a Male and Incest by a Female offences found in the Sexual Offences Act 1956.
United States
In the United States, every state and the District of Columbia have some form of codified incest prohibition.[19] However, individual statutes vary widely. Rhode Island repealed its criminal incest statute in 1989[19], Ohio only targets parental figures[19], and New Jersey does not apply any penalties when both parties are 18 years of age or older.[19] Massachusetts issues a penalty of up to 20 years' imprisonment for those engaging in sexual activities with relatives closer than first cousins[19] and Hawaii up to 5 years in jail for "sexual penetration" with certain blood relatives and in-laws.[19]
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.[20]
See also
References
- ^ Levesque, Roger J. R. (1999). Sexual Abuse of Children: A Human Rights Perspective. Indiana University Press. pp. 1, 5–6, 176–180.
- ^ "United Nations Convention on the Rights of the Child". Office of the United Nations High Commissioner for Human Rights. 1989.
- ^ "Marriage Act 1961 s 5".
- ^ "Marriage Act 1961 s 23B".
- ^ See NSW: "Crimes Act 1900 s 78A".; Vic: "Crimes Act 1958 s 44".; Qld: "Criminal Code s 222".; SA: "Criminal Law Consolidation Act 1935 s 72".; WA: "Criminal Code s 329".; Tas: "Criminal Code s 133".; ACT: "Crimes Act 1900 s 62".; NT: "Criminal Code s 134"..
- ^ "Marriage Act 1961 s 11".
- ^ "Marriage (Prohibited Degrees) Act S.C. 1990, c. 46, s. 2".
- ^ "Criminal Code R.S.C. 1985, c. C-46, s. 155".
- ^ "Avioliittolaki - marriage law (in Finnish)".
- ^ "Finnish law regarding sexual act between close relative".
- ^ "Incest and the conspiracy of silence".
- ^ "Another 'honour killing' in Haryana". The Hindu. July 24, 2009.
- ^ "Marriage". India: A Country Study. 1995.
{{cite book}}: Unknown parameter|editors=ignored (|editor=suggested) (help) - ^ "Committee Experts Praise Portugal's Efforts to Promote Equality of Women". Committee on Elimination of Discrimination against Women. Jan 2002.
- ^ Agafonov A.V. (2003). "Отражение становления и развития правовых норм, предусматривающих уголовную ответственность за посягательства на права личности в сфере сексуальных отношений в законодательстве России". Сибирский юридический вестник (in Russian). 2. ISSN 2071-8136. Retrieved 2009-10-30.
{{cite journal}}: Unknown parameter|trans_title=ignored (|trans-title=suggested) (help) - ^ Family Code of Russia, article 14
- ^ ""Brottsbalken kap. 6 § 7"". Retrieved 2009-12-10.
- ^ http://www.opsi.gov.uk/acts/acts2003/ukpga_20030042_en_5
- ^ a b c d e f ""Inbred Obscurity: Improving Incest Laws in the Shadow of the 'Sexual Family'"" (PDF). Harvard Law Review. June 2006. Retrieved 2009-04-13.
{{cite web}}: Italic or bold markup not allowed in:|publisher=(help) - ^ Turner, Jeffrey S. (1996). Encyclopedia of Relationships Across the Lifespan. Greenwood Publishing Group. pp. p92. ISBN 031329576X.
{{cite book}}:|pages=has extra text (help)