Legality of incest
| Family law |
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| Family |
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 unsurprisingly definitions and penalties vary. In all states and territories the legal definition of incest covers sex, whether heterosexual or homosexual, between a parent and child, as well as between siblings (including half-brothers and half-sisters). Whether the definition of incest extends to sex between a stepparent and stepchild or adoptive relationships varies from state to state. However, recent research carried out suggests that around 15-20% of white Australians have, at one stage of their lives, had incest. While at the time these claims were met with outrage and disbelief, the data was verified by a separate and independent survey carried out recently (2007).[citation needed]
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).[6] In New South Wales the crime of incest only applies where the victim is aged 16 or over (the age of consent in that state); in cases where the victim is under 16 the accused would be charged with the general offence of sexual intercourse with a child.
In all other jurisdictions the crime of incest also exists where the victim is below the age of consent, but this does not exclude the possibility of bringing the more general charge of sexual intercourse with a child. This is particularly relevant where a certain form of sexual conduct between related persons falls outside of the legal definition of incest in a particular jurisdiction.
In no Australian state or territory is consent a defence to the crime of incest. A conviction for incest attracts a maximum penalty of imprisonment for 7 years in South Australia, 20 years in Western Australia and the Australian Capital Territory, 25 years in the Northern Territory, Victoria, Tasmania, and New South Wales, and life imprisonment in Queensland.
Belgium
In Belgium, incest is not a crime; incest laws were abolished by Napoleon some 200 years ago in the French government period. Incestuous relations between a parent and minor child are prohibited and punished by law in Belgium, but not between adults..
Canada
Under Canadian law persons who are related lineally, or as brother or sister , including by adoption may not marry.[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]
Cyprus
The Orthodox Church of Cyprus does not permit marriages of its members between up to a relationship of "second": That is, up to between second cousins or between second uncle/aunt to second niece/nephew (first cousins once removed).
Finland
In Finland, the law doesn't specifically mention incest as a word at all, however, marriage between one's sibling, half-sibling, ancestor or descendant is forbidden.[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]
France
In France, incest is not a crime; incest laws were abolished by Napoleon in 1810.[11]
Germany
In February 2007, German brother and sister, Patrick Stübing and Susan Karolewski,[12] 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.[13] 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.[14] On March 13th 2008 however, the court ruled with a 7-1 vote for incest to remain illegal.[15]
Iceland
In Iceland, incest between adults is illegal and is punishable by up to 4 years imprisonment; if one or both of the siblings are under the age of 18, the punishment may be dropped for the underage offender.
Ireland
Incest is illegal in Ireland and is punishable by 7 years imprisonment.
Israel
In Israel, incest between adults (of the age of 18 years and above) is not a crime; incestuous relations with a person under the age of 18 years are prohibited and punished by law.
Italy
In Italy, incest is punished as a criminal offense (Art. 564 Penal Code) if, and apparently only if, it causes 'public scandal'. Penalties may vary from a minimum of one to a maximum of five years of reclusion; if incestuous relationship took place, penalties are raised to a maximum of eight years. Incest committed upon minors is punished as a serious kind of statutory rape.
Japan
In Japan, the Civil Code of Japan restrict marriages of its members, but incest is not a crime. Incest law was abolished in 1881. Incest however is generally considered immoral. One of the most complex cases was Aizawa v. Japan.[16]
The Netherlands
Incest is legal in The Netherlands. Incest laws were abolished some 200 years ago. However any adult relative will face arrest if he or she engages in sexual activity with a child (under 18) family member
Poland
In Poland, incest - defined in Article 201 of the 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
It's illegal for siblings to get married in Sweden. Source: http://www.skatteverket.se/folkbokforing/ovrigt/aktenskap.4.18e1b10334ebe8bc80004956.html
United Kingdom
Incest is illegal in the United Kingdom and is currently governed by the Sexual Offences Act 2003 sections 64 and 65.
United States
In the United States, every state and the District of Columbia have some form of codified incest prohibition.[17] However, individual statutes vary widely. Rhode Island repealed its criminal incest statute in 1989[17], Ohio only targets parental figures[17], and New Jersey does not apply any penalties when both parties are over the age of 18.[17] Yet Massachusetts issues a penalty of up to 20 years imprisonment for those engaging in "sexual activities" with relatives closer than first cousins[17] and Hawaii up to 5 years in jail for "sexual penetration" with certain blood relatives and even in-laws.[17]
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.[18]
See also
References
- ^ Levesque, Roger J. R. (1999). Sexual Abuse of Children: A Human Rights Perspective. Indiana University Press. pp. pp1, 5–6, 176–180.
{{cite book}}:|pages=has extra text (help) - ^ "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".
- ^ Hipp, Dietmar (2008-03-11). ""German High Court Takes a Look at Incest"". Der Spiegel. Retrieved 2008-04-12.
{{cite web}}: Cite has empty unknown parameter:|1=(help); Italic or bold markup not allowed in:|publisher=(help) - ^ De er bror og søster og har fire børn sammen - Verden
- ^ "Sky News "Challenge To Incest Laws"".
- ^ "BBC News "Couple Stand by Forbidden Love"".
- ^ "BBC News "German court upholds incest law"".
- ^ "Aizawa v Japan". Murdoch University.
- ^ 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 2008-04-16.
{{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)