Incest

Incest is defined as sexual intercourse or any form of sexual activity between closely related persons, especially within the nuclear family. Incest between an adult and a child, known as intrafamilial child sexual abuse, has been shown to be an extreme form of trauma for the child which usually does serious and longterm psychological damage, especially in the case of parental incest. Adults who experienced incest in their childhood tend to suffer from low self-esteem, difficulties in interpersonal relationships, and sexual dysfunction;and are at an extremely high risk of many forms of mental disorder including depression, anxiety, phobic avoidance reactions, somatoform disorder, substance abuse, borderline personality disorder, and complex post-traumatic stress disorder.

In addition, a large proportion of rape committed in the United States is rape by a family member.

Research indicates that 46 percent (46%) of children who are raped are victims of family members. (Langan and Harlow, 1994.) The majority of American rape victims (61%) are raped before the age of 18; furthermore, an astounding 29 percent (29%) of all forcible rapes occurred when the victim was less than 11 years old. Eleven percent (11%) of rape victims are raped by their fathers or step-fathers, and another 16 percent (16%) are raped by other relatives.

Virtually all societies have some form of incest avoidance. The incest taboo is one of the most common of all taboos. Most modern societies have legal or social restrictions on closely consanguineous marriages. Although not universal, incest constitutes a cultural taboo in most current nations and many past societies, with legal penalties in some places. In some societies, like Ancient Egypt, brother–sister, father–daughter and mother–son relations were practiced.

Which family members constitute those covered by the incest prohibition is determined by the society in which the persons live. Some societies consider it to include only those related by birth or those who live in the same household; other societies further include those related by adoption, marriage, or clan.

The term incest can include sexual activity between family members of either gender, and can include family members of any age.

Forms of incest

Parental incest

Main article: child sexual abuse

Incest perpetrated by parents or step-parents of either gender against a child is defined as " intrafamilial child sexual abuse". The most-often reported forms of incest are father-daughter and stepfather-daughter incest, with most of the remaining reports consisting of mother/stepmother-daughter/son incest. Father-son incest is reported less often, however it is not known if the prevalence is less, because it is under-reported by a greater margin. Prevalence of parental child sexual abuse is difficult to assess due to secrecy and privacy; some estimates show 20 million Americans have been victimized by parental incest as children.

Emotional incest

If a parent relates to a child as a substitute for a partner, that child may become emotionally bonded to, and codependent with, the parent. Emotional incest usually occurs before physical parent-child incest. Even without physical sexual contact, the consequences to such "bonded" children include a lifetime of partnership difficulties, according to Martyn Carruthers who wrote that this is a socially accepted form of child abuse in many countries.

Sibling incest between children

Sibling incest is also considered to be widespread but rarely reported, with the most common form of sibling incest being abuse by an older brother of a younger brother or sister. According to a study by Floyd Martinson, 10-15% of college students reported childhood sexual experiences with a brother or sister, mostly fondling of genitals rather than sexual intercourse. Of those, 30% reported negative reactions and 30% reported positive reactions; 25% of the reported experiences involved coercion and there was a correlation of coercion with the negative responses.

Non-consensual incest between siblings, especially when there is a significant difference in age or other imbalance of power in the relationship, is a form of child-on-child sexual abuse.

Incest between cousins

See also: Cousin couple

Many cultures consider relationship between parallel cousins incestuous, but not those between cross cousins, although the degree of genetic relationship does not differ.

Incest defined in marriage

Some cultures include relatives by marriage in incest prohibitions; these relationships are called affinity rather than consanguinity. For example, the question of the legality and morality of a widower who wished to marry his deceased wife's sister was the subject of long and fierce debate in the United Kingdom in the 19th century, involving, among others, Matthew Boulton. In medieval Europe, standing as a godparent to a child also created a bond of affinity.

Etymology

The word 'incest' was introduced into Middle English around 1225 as a legal term to describe the crime of familial incest as we know it today. It was also used to describe sexual relations between married persons, one of whom had taken a vow of celibacy (often called spiritual incest). It derives from the Latin incestus or incestum, the substantive use of the adjective incestus meaning 'unchaste, impure', which itself is derived from the Latin castus meaning 'chaste'. The derived adjective incestuous does not appear until the 16th century.

Prior to the introduction of the Latin term, incest was known in Old English as sibbleger (from sibb 'kinship' + leger 'to lie') or mǣġhǣmed (from mǣġ 'kin, parent' + hǣmed 'sexual intercourse') but in time, both words fell out of use.

Hypothesis of incest taboo origins

Table of prohibited marriages from The Trial of Bastardie by William Clerke. London, 1594.

Some researchers hypothesize that humans have a kin recognition ability that functions in part to enable incest avoidance between close relatives, thereby protecting the gene pool of the family or tribe from excessive damage by inbreeding; and, that this kin recognition system may form a biological basis for social and psychological prohibitions against incest.

Evolutionary psychologists have argued that humans should possess psychological aversions to inbreeding, via kin-recognition heuristics. The Westermarck effect, that children who are raised together during the first five to ten years of life have inhibited sexual desire toward one another, is one strong piece of evidence in favor of this. In what is now a key study of the Westermarck hypothesis, anthropologist Melford E. Spiro demonstrated that inbreeding aversion between siblings is predictably linked to co-residency. In a cohort study of children raised communally (as if siblings) in the Kiryat Yedidim kibbutz in the 1950s, Spiro found practically no intermarriage between his subjects as adults, despite positive pressure from parents and community. The social experience of having grown up as brothers and sisters created an incest aversion, even though the children were genetically unrelated.

Further studies have supported the hypothesis that some psychological mechanisms cause children who grow up together to lack sexual attraction to one another. Spiro's study is corroborated by Fox (1962), who found similar results in Israeli kibbutzim. Wolf and Huang (1980) reported similar aversions in Taiwanese "child marriages", in which the future wife was brought into the family and raised with her fiancé. Such marriages were notoriously difficult to consummate and led to decreased fertility of the marriage. Lieberman et al. (2003) found that childhood co-residency with an opposite-sex sibling (biologically related or not) was significantly correlated with moral repugnance toward third-party sibling incest.

Laws regarding incest

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 descendent 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 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. 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). 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 offense 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 defense 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 11-15), 14 years in the Northern Territory (25 years if the victim is under 10 and 20 years if the victim is aged 11-15), 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 or half-brother or half-sister, including by adoption may not marry. 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 offense and liable to a maximum of 14 years' imprisonment.

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).

France

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

Germany

In February 2007, German brother and sister, Patrick Stübing and Susan Karolewski, 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. 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. On March 13th 2008 however, the court ruled with a 7-1 vote for incest to remain illegal.

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. They also can have children. Incest however is generally considered immoral. One of the most complex cases was Aizawa v. Japan.

Poland

In Poland, incest - defined in Article 201 of the 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 one parent. 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.

Israel

In Israel, incest between adults (of the age of 21 years and above) is not a crime; Incestuous relations with a person under the age of 21 years are prohibited and punished by law.

United States

In the United States, incest is a crime in every state, with variations from state-to-state regarding which forms of sexual activities what degree of family relationship fall under the state's definition of incest. 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 step-parents, step-siblings, and inlaws.

Laws regarding first cousin marriages in the United States

Within the United States, marriage between first cousins is illegal in some states, but not in others. In twenty-four states marriages between first cousins are prohibited, and another seven permit them only under special circumstances. Utah, for example, permits first cousins to marry only if both spouses are over age 65, or at least 55 with evidence of sterility; North Carolina permits first cousins to marry unless they are "double first cousins" (cousins through more than one line); Maine permits first cousins to marry only upon presentation of a certificate of genetic counselling. The other states with some, but not absolute, limits on first-cousin marriage are Arizona, Illinois, Indiana, and Wisconsin.

First-cousin marriage without restriction is permitted in nineteen states — Alabama, Alaska, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Maryland, Massachusetts, New Jersey, New Mexico, New York, Rhode Island, South Carolina, Tennessee, Vermont, and Virginia—and the District of Columbia.

First-cousin marriage is illegal in Arkansas, Delaware, Idaho, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Texas (such marriages may not be performed after 1 September 2005, although previous marriages are still recognized), Washington, West Virginia, and Wyoming.

History

Ancient civilizations

It is relatively accepted that incestuous marriages were widespread at least during the Graeco-Roman period of Egyptian history. Numerous papyri and the Roman census declarations attest to many husbands and wives being brother and sister (Lewis, 1983; Bagnall and Frier, 1994; Shaw, 1993). In Hopkins (1980) this is conclusively demonstrated, and more recent scholars in the field have not questioned it. Some of these incestuous relationships were in the royal family, especially the Ptolemies (see the biography of Cleopatra, who married more than one of her brothers).

The fable of Oedipus, with a theme of inadvertent incest between a mother and son, ends in disaster and shows ancient taboos against incest as Oedipus is punished for incestuous actions by blinding himself.

Incestuous unions were frowned upon and considered as nefas (against the laws of gods and man) in Roman times, and were explicitly forbidden by an imperial edict in AD 295, which divided the concept of incestus into two categories of unequal gravity: the incestus iuris gentium, which was applied to both Romans and non-Romans in the Empire, and the incestus iuris civilis, which concerned only Roman citizens. Therefore, for example, an Egyptian could marry an aunt, but a Roman could not. Despite the act of incest being unacceptable within the Roman Empire, Roman Emperor Caligula is rumored to have had open sexual relationships with all three of his sisters, (Julia Livilla, Drusilla, and Agrippina the Younger). The taboo against incest in Ancient Rome is demonstrated by the fact that politicians would use charges of incest (often false charges) as insults and means of political disenfranchisement.

Modern societies

Incest is a taboo subject in many cultures and societies. In many Third World countries, because of the taboo and very sensitive nature of the subject, people do not talk openly about it.

The ISNA reported that a counselling hotline stated that a large percentage of the calls they handle deal with the issue of parental child abuse.

Religious views on incest

Judeo-Christian

Main article: Biblical References to Incest

In the story of Sodom and Gomorrah in the Book of Genesis in the Bible, Lot's two daughters have sex with him to carry on their lineage.

Later, the Book of Leviticus lists prohibitions against sexual relations between various pairs of family members. Men are prohibited, on pain of death, to have sexual relations with their daughters, mothers, aunts, and various other relations. (Father–daughter incest is covered by a prohibition on sexual relationships between a man and any daughter born to any woman he has had sexual relationships with, thereby prohibiting his incest not only with his own daughters but also with women who could be his stepdaughters by marriage.)

Islam

The Quran mentions incest which prohibits a man from having sexual relationships with his mother, daughter, sister, paternal aunt, maternal aunt or niece. However, Islam allows for marriage with cousins and other more distant relatives. Only in case of marriage does Islam allow sexual relations between cousins and other distant relatives.

Hinduism

Hinduism speaks of incest in highly abhorrent terms. Hindus were greatly fearful of the bad effects of incest and thus practice to date strict rules of both endogamy and exogamy, that is, marriage in the same caste (varna) but not in the same family tree (gotra) or bloodline (Parivara). Marriages within the gotra ("swagotra" marriages) are banned under the rule of exogamy in the traditional matrimonial system. People within the gotra are regarded as kin and marrying such a person would be thought of as incest.

In some South Indian communities, where gotra membership passed from father to children, marriages were allowed between uncle and niece, while such marriages were forbidden in matrilineal communities, like Malayalis and Tuluvas, where gotra membership was passed down from the mother. A much more common characteristic of south Indian Hindu society is permission of marriage between cross-cousins (children of brother and sister). Thus, a man is allowed to marry his maternal uncle's daughter or his paternal aunt's daughter but is not allowed to marry his paternal uncle's daughter, a parallel cousin, who is treated as a sister.

North Indian Hindu society not only follows rules of gotra for marriages, but also has many regulations which go beyond the basic definition of gotra which result in few occurrences of similarly incestuous relationships.

Buddhism

Asian socities shaped by Buddhist traditions takes a strong ethical stand in human affairs and sexual behavior in particular. In most of those societies, incest is regarded as highly abhorrent. However, unlike most other world relegions, most variations of Buddhism, does not go in to details what is right and what is wrong in mundane activities of life. Incest (or any other detail of human sexual conduct for that matter) is not specifically mentioned in any of the religious scriptures. The most common formulation of Buddhist ethics are the Five Precepts and the Eightfold Path, one should neither be attached to nor crave sensual pleasure. These precepts take the form of voluntary, personal undertakings, not divine mandate or instruction. The third of the Five Precepts is "To refrain from committing sexual misconduct". It is understandable that incest itself could constitute "sexual misconduct".. 'Sexual misconduct' is a loose term, and is subjected to interpretation relative to the social norms of the followers. In fact, Buddhism in its fundamental form, does not define what is right and what is wrong in absolute terms for lay followers. Therefore the interpretation of whether incest for a layperson is right or wrong, is not a religious matter as far as Buddhism is concerned.

See also

• Child sexual abuse
• Incest in folklore
• Incest in popular culture
• Consanguinity
• Covert incest
• Genetic sexual attraction
• Human sexual behaviour
• Kinship and descent
• Levirate marriage
• Westermarck effect
• Inbreeding
• Incest pornography
• Incest taboo
• Prohibited degree of kinship
• Royal intermarriage
• Sexual ethics
• Cousin couple
• [[Alive (Pearl Jam song)]

References

• Adams, Kenneth, M., Silently Seduced: When Parents Make Their Children Their Partners, Understanding Covert Incest, HCI, 1992.
• Adams, Kenneth, M., When He's Married to His Mom: How to Help Mother-Enmeshed Men Open Their Hearts To True Love, Fireside, 2007.
• Anderson, Peter B., and Cindy Struckman-Johnson, Sexually Aggressive Women: Current Perspectives and Controversies, Guilford, 1998.
• Bagnall, Roger S. and Bruce W. Frier, The demography of Roman Egypt, Cambridge, 1994
• Bixler, Ray H. (1982) "Comment on the Incidence and Purpose of Royal Sibling Incest," American Ethnologist, 9(3), Aug, pp. 580-582.
• Blume, E. Sue, Secret Survivors: Uncovering Incest and its Aftereffects in Women, Ballantine, 1991.
• DeMilly, Walter, In My Father's Arms: A True Story of Incest, University of Wisconsin Press, 1999.
• Elliot, Michelle, Female Sexual Abuse of Children, Guilford, 1994.
• Forward, Susan (1990). Toxic Parents: Overcoming Their Hurtful Legacy and Reclaiming Your Life. Bantam. ISBN 0-553-28434-7.
• Goody, John (Jack Goody) (1956) A Comparative Approach to Incest and Adultery, The British Journal of Sociology, 7 (4), Dec, pp. 286-305 doi:10.2307/586694
• Gil, Eliana, Treating Abused Adolescents, Guilford, 1996.
• Herman, Judith, Father-Daughter Incest, Harvard University Press, 1982.
• Hislop, Julia, "Female Sexual Offenders: What Therapists, Law Enforcement, and Child Protective Services Need to Know", Issues, 2001.
• Hopkins, Keith (1980) "Brother-Sister Marriage in Roman Egypt", Comparative Studies in Society and History, 22: 303-354.
• Leavitt, G. C. (1990) "Sociobiological explanations of incest avoidance: A critical claim of evidential claims", American Anthropologist, 92: 971-993.
• Lew, Mike, Victims No Longer: Men Recovering from Incest and Other Sexual Child Abuse, Nevraumont, 1988.
• Lewis, Naphtali, Life in Egypt under Roman Rule, Oxford, 1983.
• Lobdell, William, "Missionary's Dark Legacy", Los Angeles Times, Nov. 19, 2005, p. A1.
• Love, Pat, Emotional Incest Syndrome: What to Do When a Parent's Love Rules Your Life, Bantam, 1991.
• Méndez-Negrete, Josie, Las hijas de Juan: Daughters Betrayed, Duke University Press, 2006. ISBN 978-0-8223-3896-3.
• Miletski, Hani, Mother-Son Incest: The Unthinkable Broken Taboo, Safer Society, 1999.
• Miller, Alice, That Shalt Not Be Aware: Society's Betrayal of the Child, Farrar Strauss Giroux, 1983.
• Pryor, Douglass, Unspeakable Acts: Why Men Sexually Abuse Children, New York University Press, 1996.
• Rosencrans, Bobbie, and Eaun Bear, The Last Secret: Daughters Sexually Abused by Mothers, Safer Society, 1997.
• Scruton, Roger, Sexual Desire: A Moral Philosophy of the Erotic, Free Press, 1986.
• Shaw, Brent D., Explaining Incest: Brother-Sister Marriage in Graeco-Roman Egypt, Man, New Series, 27(2), Jun 1992, pp. 267-299. JSTOR article
• Shaw, Risa, Not Child's Play: An Anthology on Brother-Sister Incest, Lunchbox, 2000.
• Tyldesley, Joyce, Ramesses: Egypt's Great Pharaoh, London, 2000.

External links

Support organizations

• RAINN - Rape, Abuse, and Incest National Network
• Survivor Matters - Forum created by survivors to discuss issues and gain support from each other
• After Silence, online support group, message board, and chat room for survivors of rape, incest and sexual abuse.
• Pandora's Aquarium, online support group, message board, and chat room for survivors of sexual violence, including incest, and their supporters.
• VOICES in Action Victims Of Incest Can Emerge Survivors, an international organization providing assistance to adult and adolescent victims of child sexual abuse and trauma.
• The Awareness Center, Inc. The Jewish Coalition Against Sexual Abuse/Assault (JCASA)
• Making Daughters Safe Again Online resources for mother-daughter incest survivors.
• SASIAN Sibling Abuse Survivors Information and Advocacy Network
• SIA Survivors of Incest Anonymous World Service Office, Inc. links independent SIA 12-step support groups around the world.

Published articles

• Child Sexual Abuse and the State by Ruby Andrew, UC Davis Law Review, vol. 39, 2006. Discusses U.S. incest laws in cases where victim is a minor.
• Forbidden Fruit by John Dougherty, Phoenix New Times, Dec. 29, 2005. Intrafamilial child sexual abuse in Arizona-Utah polygamist community.
• The Gentle People by Nadya Labi, Legal Affairs, Jan. 2005. Intrafamilial child sexual abuse in Amish community.
• The Incest Loophole by Andrew Vachss, New York Times, Nov. 20, 2005. Sentencing incest perpetrators when victim is a minor.
• Gutachten zur Vereinbarkeit von § 173 StGB mit dem Grundgesetz der Bundesrepublik Deutschland Template:De icon Legal examination of the incest ban in Germany (2007)
• Incest survivor speaks, writes, and performs published locally and nationally; facilitated grief, rage and Healing Sexual Self workshops, ACOA/ISA.
• Incest victims survival success stories

Statistics

• Adult Survivors of Incest, Illinois Coalition Against Sexual Assault (ICASA)