Legality of incest

From Wikipedia, the free encyclopedia

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, which also vary between jurisdictions. When incest involves an adult and a child (under the age of consent) it is considered to be a form of child sexual abuse.[1][2]

Degrees of relationship[edit]

Laws regarding incest are sometimes expressed in terms of degrees of relationship. The degree of relationship is calculated by adding the number of generations back to a closest common ancestor of each individual. Consanguinity (but not affinity) relationships may be summarized as follows:

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

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 24 states of the United 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 or step relations.

World map[edit]

Consensual incest by country:
  Legal
  Prison for opposite-sex couples; legal for same-sex couples
  Illegal only if it provokes public scandal
  Illegal (prison sentence)
  Illegal (up to life imprisonment)
  Illegal (death penalty)
  No data

Table[edit]

Country Incest between consenting adults Prohibited relationships Penalties
Afghanistan Afghanistan No Illegal No Death[6]
Albania Albania No Illegal
  • Lineal ancestors and descendants
  • Siblings
  • Related by blood or adoption
Up to 7 years in prison
Argentina Argentina Yes Legal
Australia Australia No Varies by state Varies by state
Austria Austria Yes legal (for same-sex couples) /
No Illegal (for opposite-sex couples)
  • Lineal ancestors and descendants
  • Full siblings and half siblings
Up to 3 years in prison or fine
Bangladesh Bangladesh No Illegal
Belgium Belgium Yes Legal
Belize Belize Yes Legal
Bhutan Bhutan No Illegal
  • Relationship by consanguinity or affinity in such a way that they cannot legally marry except otherwise provided in other laws
From one to three years in prison[7]
Bolivia Bolivia Yes Legal
Brazil Brazil Yes Legal
Brunei Brunei No Illegal
  • Blood relatives prohibited by religious law
No Death
Canada Canada No Illegal
  • Child/parent or grandchild/grandparent
  • Full and half-siblings
Up to 14 years in prison
Chile Chile Yes Legal
China China Yes Legal

[8]

Colombia Colombia Yes Legal
Costa Rica Costa Rica Yes Legal
Croatia Croatia No Illegal Up to one year in prison
(not punished if both are minors)
Cuba Cuba Yes Legal
Czech Republic Czech Republic No Illegal
  • Lineal ancestors and descendants
  • Siblings
  • Related by blood or adoption
Up to three years in prison
Denmark Denmark No Illegal
  • Lineal ancestors and descendants
  • Full siblings
  • Up to six years in prison (direct line)
  • Up to two years in prison (siblings)
Dominican Republic Dominican Republic Yes Legal
Ecuador Ecuador Yes Legal
El Salvador El Salvador Yes Legal
Eritrea Eritrea No Illegal
  • Grandparent-grandchild or parent-child
  • Brother or half brother, sister or half-sister
  • Same-sex relations are always prohibited
From one to three years in prison[9]
Estonia Estonia Yes Legal
  • Grandparent-grandchild or parent-child
From two to eight years in prison[10]
Ethiopia Ethiopia No Illegal
  • Blood relatives whose marriage is prohibited by respective law
  • Same-sex relations are always prohibited
From three months to three years in prison[11]
France France Yes Legal
Germany Germany Yes legal (for same-sex couples) /
No Illegal (for opposite-sex couples)
  • Lineal ancestors and descendants
  • Full and half-siblings
Up to three years in prison or fine
(not punished if both are minors)
Greece Greece No Illegal
  • Lineal ancestors and descendants
  • Full and half-siblings
  • More than 10 years in prison for the ascending relative if the descending relative is under 15 years old, imprisonment if 15 but not 18 years old, and up to two years in prison if 18 years and older
  • Up to two years in prison if siblings or half-siblings
Guatemala Guatemala Yes Legal
Guyana Guyana Yes Legal
Haiti Haiti Yes Legal
Honduras Honduras Yes Legal
Hong Kong Hong Kong No Illegal
  • Grandfather, father, brother, son (female)
  • Grandmother, mother, sister, daughter (male)
  • Up to 20 years in prison (male)
  • Up to 14 years in prison (female)
Iceland Iceland No Illegal
  • Lineal ancestors and descendants
  • Full and half-siblings
  • Up to eight years in prison for ascending relative
    • Up to 12 years if descending relative is between 15 and 17 years old
  • Up to four years in prison for siblings
India India Yes Legal Nothing mentioned about incest in Indian laws.
Indonesia Indonesia No Illegal in Aceh territory; from 2025 nationwide illegal
Republic of Ireland Ireland Yes Legal (same-sex couples)

No Illegal (opposite-sex couples)

  • Granddaughter, daughter, mother, sister or half-sister (male)
  • Grandfather, father, son, brother or half-brother (female)
  • Up to 10 years in prison (male and female)
Iran Iran No Illegal
  • Blood relatives prohibited by religious law
  • Step-mother
No Death
Israel Israel Yes Legal Underage relative by blood or adoption Up to 16 years in prison[12]
Italy Italy No/Yes Legal (unless it provokes public scandal) From two to eight years in prison
Ivory Coast Ivory Coast Yes Legal
Jamaica Jamaica Yes Legal
Japan Japan Yes Legal If one commits an indecent act upon or engages in sexual intercourse, etc. with another person "under eighteen years of age by taking advantage of the influence arising from the fact of having custody of that person".[13] From six months to 10 years in prison
Latvia Latvia Yes Legal
Liberia Liberia No Illegal
  • Lineal ancestors and descendants
  • Half or full sibling
  • Uncle, aunt, nephew or niece of whole blood
  • Same-sex relations are always prohibited
Up to three years in prison[14]
Liechtenstein Liechtenstein No Illegal
  • Lineal ancestors and descendants
  • Full siblings and half siblings
Up to 3 years in prison or fine
Lithuania Lithuania Yes Legal
Luxembourg Luxembourg Yes Legal (1810-1941 and since 1944/45 (1942-1944/45 illegal pursuant to § 173 German penal code))
Madagascar Madagascar No Illegal
  • Lineal ancestors and descendants
  • Full siblings
From five to 10 years in prison
Malaysia Malaysia No Illegal
  • Relatives prohibited by religious law
Mexico Mexico Yes Legal
Netherlands Netherlands Yes Legal
New Zealand New Zealand No Illegal
  • Lineal ancestors and descendants
  • Full or half-siblings
Up to 10 years in prison
Nicaragua Nicaragua Yes Legal
Nigeria Nigeria No Illegal (since 2015)[15] Five+ years in prison (consensual)
10+ years (non-consensual)[16]
North Korea North Korea Yes Legal
Norway Norway No Illegal
  • Lineal ancestors and descendants
  • Siblings
  • Stepfamily
  • Adopted descendants
Up to six years in prison
Pakistan Pakistan No Illegal
  • 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
Panama Panama Yes Legal
Paraguay Paraguay Yes Legal
Peru Peru Yes Legal
Philippines Philippines Yes Legal
Poland Poland No Illegal
  • Lineal ancestors and descendants
  • Guardian or ward
  • Full, half and step-siblings
From three months to five years in prison
Portugal Portugal Yes Legal
Russia Russia Yes Legal
Saudi Arabia Saudi Arabia No Illegal No Death[citation needed]
Serbia Serbia Yes Legal
  • Underage relative by blood
  • Underage sibling
Up to three years in prison
Singapore Singapore No Illegal
  • Daughter or son, mother or father, grandson or granddaughter, grandmother or grandfather
  • Sister or half-sister, brother or half-brother
  • On November 29, 2022 section 377A (banning gay sex) was formally repealed by the Pailament of Singapore with a vote of 93-3.
Slovenia Slovenia Yes Legal
  • Underage lineal relative
  • Underage sibling
Up to two years in prison
South Africa South Africa No Illegal
  • Lineal ancestors and descendants
  • Within the first degree of consanguinuity
  • Within the first degree of affinity
  • Adoptive parent/child
Up to three years in prison and fine
(not punished if both are minors)
South Korea South Korea Yes Legal
Somalia Somalia No Illegal No Death[17]
South Sudan South Sudan No Illegal
  • Lineal ancestors and descendants
  • Half or full sibling, uncle, aunt, niece, nephew
  • Same-sex relations are always prohibited
Spain Spain Yes Legal
Sweden Sweden No Illegal
  • Lineal ancestors and descendants
  • Full siblings, if opposite sex
Switzerland Switzerland Yes legal (for same-sex couples) /
No Illegal (for opposite-sex couples)
  • Lineal ancestors and descendants
  • Full siblings and half siblings
Up to three years in prison or fine
Sudan Sudan No Illegal
  • Lineal ancestors and descendants or their spouses
  • Sister, brother or their children, aunt or uncle
  • Same-sex relations are always prohibited
  • No Death if relations are same-sex;
  • Additional punishment of up to five years in prison otherwise[19]
Suriname Suriname Yes Legal
Taiwan Taiwan No Illegal
  • Lineal relatives by blood
  • Collateral relatives within the third degree of relationship by blood
Up to five years in prison
Tanzania Tanzania No Illegal
  • Granddaughter, daughter, sister or mother (male)
  • Grandfather, father, brother or son (female)
  • Same-sex relations are always prohibited
Up to five years in prison[20]
Thailand Thailand Yes Legal
Trinidad and Tobago Trinidad and Tobago Yes Legal
Turkey Turkey No Illegal
  • Lineal ancestors and descendants
  • Half or full sibling
  • Uncle, aunt, nephew or niece of whole blood
Uganda Uganda No Illegal
  • Grandmother, mother, half or full sister, daughter, granddaughter, wife's mother, wife's daughter, aunt, sibling's daughter, son's wife, cousin, father's wife (male)
  • Grandfather, father, half or full brother, son, grandson, husbands's father, husband's son, uncle, sibling's son, daughter's husband, cousin, mother's husband (female)
  • Same-sex relations are always prohibited
  • Up to seven years in prison
  • Up to life imprisonment if relative is below 18[21]
United Arab Emirates United Arab Emirates No Illegal Blood relatives prohibited by religious law No Death[22]
United Kingdom United Kingdom No Illegal
  • Parent, grandparent, child, grandchild
  • Brother, sister, half-brother, half-sister
  • Uncle or aunt
  • Nephew or niece
  • Up to two years imprisonment for sex between adult relatives (penetration)[23]
  • Up to 14 years imprisonment for sexual activity with a child family member[24]
United States United States No/Yes Varies by states Varies by states Varies by states
Uruguay Uruguay Yes Legal
Venezuela Venezuela Yes Legal
Zambia Zambia No Illegal
  • Granddaughter, daughter, sister, mother (male)
  • Grandfather, father, brother, son (female)
  • Same-sex relations are always prohibited
Up to five years in prison[25]

Africa[edit]

Côte d'Ivoire (Ivory Coast)[edit]

Consensual incest between cousins is legal in Côte d'Ivoire (Ivory Coast).[26]

South Africa[edit]

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.[27]

Before 2007, incest was a common law offence which extended to the same degrees of relationship but which applied only to vaginal intercourse.[28]

Madagascar[edit]

Incest is illegal in Madagascar. According to Art. 335.3 - Any sexual relationship between close relatives or relatives up to the 3rd degree inclusive, in a direct or collateral line, the marriage of which is prohibited by law or any sexual abuse committed by the father or mother or another ascendant or a person having parental authority over a child is called incest.

Incest is punishable by forced labor in time if it was committed on the person of a child.

In other cases, incest is punishable by five to ten years imprisonment and a fine of 4,000,000 Ar to 20,000,000 Ar.[29]

Zimbabwe[edit]

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.[30] Incest is classified as "sexual intercourse within a prohibited degree of relationship".[31] A prohibited degree of relationship would be that of a parent and their natural or adoptive child, a step-parent and their 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 their grandchild and any person and their 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 they belong does 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 they belong does not prohibit marriage between first or second cousins.

Americas[edit]

Argentina[edit]

In Argentina, incest is legal if both individuals are over the minimum age of consent.[32] Marriage between third-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).[33]

Brazil[edit]

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 old 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.[34][35][36] 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.[35][36] 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.[35][36]

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[edit]

Under Canadian federal law, incest is defined as having a sexual relationship with a sibling (including half-sibling), child/parent or grandchild/grandparent, requiring knowledge of the existence of the blood relationship. Everyone who commits incest is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and, if the other person is under the age of 16 years, to a minimum punishment of imprisonment for a term of five years.[37]

United States[edit]

Laws regarding incest in the United States vary widely among 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,[38] and only criminalizes incestuous marriage.[39][40] Ohio "targets only parental figures",[38] and New Jersey does not apply any penalties when both parties are 12 years of age or older.[26][38] The most severe penalties for incest are in Massachusetts, Virginia, Texas and Oregon, which punish incest with up to 20 years 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 Colorado, 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.[41]

Asia[edit]

China (Mainland)[edit]

Criminal Law of the People's Republic of China[42] Chapter 4 prohibit rape and sexual assault, but not consensual incest. Since the age of consent is 14,[43] this implies that incest sex is legal if both are over 14.

Hong Kong[edit]

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 20 years' imprisonment for male offenders and up to 14 years' imprisonment for female offenders.[44] 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.

On 5 December 2019, the Law Reform Commission of Hong Kong ("LRC") published a report on Review of Substantive Sexual Offences making final recommendations for the reform of substantive sexual offences in the Crimes Ordinance (Cap 200). It recommended that "the offence of incest should be reformed to become gender neutral; to cover all penile penetration of the mouth, vagina and anus and other forms of penetration; and be extended to cover uncles (aunts) and nieces (nephews) who are blood relatives as well as adoptive parents"[45]

India[edit]

The Indian Penal Code (IPC) does not contain any specific provision against incest [3] and also there is no law to support incest relationships, but there are general provisions relating to sexual abuse of children by their custodian, such as a parent or teacher.[46][47] Moreover the rule of kinship or marriage depends on one’s religion and is governed by the different marriage laws.[48]

Japan[edit]

Consensual incest between adults is legal in Japan.[49] However, Article 179 of Penal Code stated that a person who "commits an indecent act upon" or "engages in sexual intercourse, etc." with another person "under eighteen years of age by taking advantage of the influence arising from the fact of having custody of that person" is punished in the same manner as prescribed in Article 176 ("Indecency through Compulsion") ie imprisonment for not less than 6 months but not more than 10 years.[13]

South Korea[edit]

The Criminal Act does not prohibit consensual incest.[50] Starting from 20 August 2019, ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT, ETC. OF SEXUAL CRIMES[51] stipulated that a person who rapes (i.e. through violence or intimidation, has sexual intercourse with) another person in a consanguineous or marital relationship (relatives by blood or marriage within the fourth degree or residing together, including a de facto relationship) shall be punished by imprisonment for a fixed term of at least seven years, which is heavier penalty than that targeting raping in general (at least three years imprisonment) stipulated by the Criminal Act.

Article 809 of the Korean Civil Code allowed Koreans with the same surname to have marital relations if they were not closely related. Previously it was banned culturally and codified by law in 1957. The law now requires the separation of lineage to be at least third or fourth cousins.

Macau[edit]

According to Macau's civil code, people in direct line kinship or in the second degree of collateral kinship cannot marry each other.[52]

Malaysia[edit]

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.[53]

In addition to whipping, persons convicted of incest face a minimum sentence of six years' imprisonment and a maximum sentence of 20 years' 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.[54])

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.[55]

There are more severe sentences for those who commit incest through rape. The offence of incestuous rape is punishable with not less than eight years' imprisonment and not more than 30 years' imprisonment. In addition, those convicted receive not less than 10 strokes.[56]

Malaysian law also considers sexual intercourse with the stepfamily to be incestuous.[57]

Pakistan[edit]

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.[citation needed]

Philippines[edit]

Article 81 of the Civil Code of the Philippines considers marriages between the following incestuous and void from their performance:[58]

  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.[59]

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.[60]

In addition, the Code of Muslim Personal Laws of the Philippines[61] prohibit by consanguinity (tahrimjbin-nasab) the following marriages:[62]

  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.

While incestuous marriage is illegal in the Philippines, there is no legislation which prohibits out-of-marriage incestuous sexual acts between two consenting adults.[63]

Singapore[edit]

Section 376G of the Penal Code specifies that
"Any person (A) of or above 16 years of age who — (a) penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person of or above 16 years of age who is a close family relative (B); (b) sexually penetrates, with a part of A’s body (other than A’s penis, if A is a man) or anything else, the vagina or anus, as the case may be, of a person of or above 16 years of age who is a close family relative (B); (c) causes or permits a man of or above 16 years of age who is a close family relative (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of A; or (d) causes or permits a person of or above 16 years of age who is a close family relative (B) to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus, as the case may be, of A, knowing that B is a close family relative, shall be guilty of an offence."[64]

Taiwan[edit]

In Taiwan, Article 230 of the Criminal Code of the Republic of China[65] 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 five years.

Article 968 of the Civil Code[66] states that "the degree of relationship by blood between a person and his lineal relative by blood shall be determined by counting the number of generations upwards or downwards from himself [as the case may be], one generation being taken as one degree. As between the person and his collateral relative, the degree of relationship shall be determined by the total number of generations counting upwards from himself to the common lineal ancestor and then from such common ancestor downwards to the relative by blood with whom the degree of relationship is to be determined."

Thailand[edit]

Incestuous relations between persons (over 15 years old) are not prohibited by law,[67] though a marriage cannot take place if the man and woman have blood relations in the direct ascendant or descendant line, or brother or sister of full or half blood. The said relationship shall be in accordance with blood relation without regard to its legitimacy.[68][69]

Turkey[edit]

Sibling marriage and avunculate marriage is prohibited, while cousin marriage is legal.[70] Marriage between parents and offspring is also prohibited, even when there is no blood relationship, i.e. adoptive parent or parent-in-law.[70]

Vietnam[edit]

Incest between people of direct blood line is illegal in Vietnam and is punishable by sentencing to between six months and five years of imprisonment.[71]

Europe[edit]

Countries that prohibit incest include: (all articles refer to the Penal Codes) Albania Article 106,[72] Slovenia Article 195,[73] Slovakia Section 203,[74] Serbia Article 197,[75] Poland Article 201,[76] Norway Article 197 and 198,[77] Hungary Article 199,[78] Bulgaria Article 154,[79] and Cyprus Article 147.[80]

Countries that allow consensual incest if both are over the age of consent include Belarus, Belgium, Estonia, Latvia, Lithuania, France, Russia, Spain, Ukraine, and Portugal.[81]Russia and Belarus also allow incest between teenagers (under 18)[82] Estonia, Latvia, and Ukraine prohibit incest if one has custody over the other [83]

Austria[edit]

In Austria, incest between lineal ancestors and descendants and between full siblings is prohibited. It is punishable by up to three years in prison.[84]

Belarus[edit]

There seems to be no law criminalizing incest [85]Section 168 of the criminal code prohibits sex (including incest sex) with anyone under 16 (the age of consent) if the older person is an adult over 18. Note that this also allows incest sex if both are teenagers under 18.

Czech Republic[edit]

Section 188 of the Czech Criminal code[86] prohibits incest between lineal ancestors and descendants and siblings. The maximum penalty is three years of imprisonment.[citation needed]

Denmark[edit]

In Denmark, incest is sex between lineal ancestors and descendants and between full siblings. Sex with a descendant is punishable by up to six years imprisonment. Sex between siblings is punishable by up to two years imprisonment.[87][88]

Estonia[edit]

In Estonia, sexual intercourse or commission of another act of sexual nature by a parent, person holding parental rights or grandparent with a child or grandchild is punishable by two to eight years imprisonment.[10]

Finland[edit]

In Finland, sexual acts between one's full sibling (but not half-sibling), ancestor or descendant are punishable by a fine or up to two years in prison for "sexual act between close relatives". However, no punishment is given to a person who was under 18 years old when performing a sexual act with a parent or grandparent or if the person was forced or illegally persuaded to perform the sexual act.[89] The marriage law defines, that marriage between one's sibling, half-sibling, ancestor or descendant is forbidden.[90]

France, Belgium, and Luxembourg[edit]

The 1810 penal code, which was promulgated by Napoleon I and adopted throughout most of Europe, abolished incest laws in France,[34] Belgium, and Luxembourg.

In 2010, France reinstated laws against incest by introducing article 222-31-1 of the penal code. From February 10, 2010, to September 17, 2011, rape and sexual assault were classified as incest when they are committed "within the family on a minor by an ascendant, a brother, a sister or any other person, including a cohabitant of a family member, who has de jure or de facto authority over the victim."[91]

There were subsequently multiple changes to the definition of incest.

On 16 September 2011, the Constitutional Council repealed article 222-31-1 of the penal code, saying that if it was possible for the legislator to institute a particular penal qualification to designate incestuous sexual acts, they could not, without disregarding the principle of legality of offences and penalties, refrain from precisely designating the persons who must be considered, within the meaning of this qualification, as members of the family.[92]

Incest was once again reinstated on 2016. From March 16, 2016, to August 6, 2018, rape and sexual assault are considered incestuous when they are committed on a minor by:

(1) An ascendant;
(2) A brother, sister, uncle, aunt, nephew or niece;
(3) The spouse or partner of one of the persons mentioned in (1) and (2) or the partner bound by a civil solidarity pact with one of the persons mentioned in the same 1° and 2°, if he or she has de jure or de facto authority over the minor.[93]

On 6 August 2018, "if he of she has de jure or de facto authority over the minor" in (3) was changed to "if he or she has de jure or de facto authority over the victim."[94]

Germany[edit]

In Germany, illegal incest is 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 (due to this definition other sexual practices, including homosexual intercourse, are not punishable).[95] The penalty is a fine or up to three 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.

Regarding marriage, the same rules apply and prohibit marriage between aforementioned relatives, but also includes marriages between siblings by adoption.[96]

The criminal liability of incest among consenting adults is disputed among German citizens and politicians. 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.[97]

In September 2014 the majority of the German Ethics Council recommended that the government abolish laws criminalizing consensual incest between adult siblings, while not broaching the question of to what extent criminal liability for incest between parents and children of legal age might be abrogated.[98][99]

In a dissenting vote, nine members of the Council explain that they oppose any repeal of Section 173 of the Criminal Code or a change that would qualify criminal liability. In this view, the central concern of the provision is precisely the protection of the integrity and incommensurability of different familial roles as an important precondition to successful personality development. They acknowledge that under the purview of Section 173 of the Criminal Code, some couples run afoul of a tragic life-situation. For these persons, some reckoning could be made, even without a statutory intervention into the process of the application of the law, for instance by closing an investigation by a public prosecutor.[citation needed]

Greece[edit]

Article 345[100] of the Greek Penal Code as modified by Article 2, Paragraph 8 of Law 3625/2007[101] and Article 3 Paragraph 10 of Law 3727/2008[102] 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 10 years' imprisonment if the descending relative is under 15 years old, imprisonment if 15 but not 18 years old, and maximum two years' imprisonment if 18 years and older; (2) for the descending relative (for example child, nephew etc.) maximum two years' imprisonment; (3) for half- or full siblings maximum two 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[103] 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[edit]

Article 200[104] 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 eight years if 18 years and older; (2) for siblings a maximum four years' imprisonment—if the half or full siblings were under 18 years old, they might be cleared of any charge.

Republic of Ireland[edit]

Incest is illegal in the Republic of Ireland under the Punishment of Incest Act 1908,[105] which pre-dates the foundation of the state.

It is illegal for a male to have sexual intercourse with his granddaughter, mother, daughter, sister, or half-sister; and for a female (over 16 years of age) with her grandfather, father, son, brother, or half-brother. The act does not refer to other familial relationships (such as grandson-grandmother), or same-sex relations.[105]

Prior to the amendment of the 1908 Act in 2019, incest was punishable by up to seven years' imprisonment for a female and up to life imprisonment for a male. The Criminal Law (Sexual Offences) (Amendment) Act 2019 amended the Act of 1908 to provide for a maximum term of 10 years' imprisonment for both males and females.[106][107]

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

Italy[edit]

Incest is illegal in Italy only if it provokes public scandal, according to Article 564 of the Penal code and punishable from two to eight years' imprisonment, open to more years for the older person if the other was under aged.[108] For incest to be a “public scandal” the incest must be done in a blatant manner. The fact that someone reports incest to the authorities does not by itself make it a public scandal.[109]

Latvia[edit]

Incest is not criminally prohibited in Latvia except as part of the general protection of adolescents from sexual abuse.[110]

Lithuania[edit]

Criminal Code of Lithuania does not explicitly foresee a criminal punishment for incest between adults. However, it does state that "A father, mother, guardian, custodian or another lawful representative of a child or a person holding statutory powers in respect of a minor who has sexual intercourse or otherwise satisfied his sexual desires with that minor, in the absence of characteristics of a rape, sexual assault or sexual abuse, shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to six years." Thereby, the law explicitly foresees a criminal punishment for incest between a parent and a child or for persons of similar standing.[111]

Netherlands[edit]

Consensual incest between adults is legal in the Netherlands.[26] 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 between blood relations of the third and fourth degree are possible, but require both partners to sign a declaration of consent. (Dutch civil law book 1, articles 41 and 42.[112])

Norway[edit]

Incest is illegal in Norway and is defined as intercourse between ancestors and descendants (including adopted descendants), siblings, and even stepfamily. It is punishable by up to six years in prison.[113]

Poland[edit]

In Poland, incest is defined in Article 201 of the Penal Code[114] as sexual intercourse with an ancestor, descendant, guardian, ward, brother, or sister, and is punishable by imprisonment for no less than three months and no more than five years.

Portugal[edit]

Incest is not specifically prohibited under Portuguese law.[115]

Romania[edit]

Incest is defined in the Penal Code as "consensual sexual relations between lineal relatives or between siblings" and is punished by a year to five years in prison.[116]

Russia[edit]

In Russia, consensual sex (including incest sex) between adults, teenagers (12-18), or an adult with a teenager 16 or older, is not a crime.[117][26][118] However, under the Family Code of Russia, persons who are related lineally, siblings, half-siblings, and a stepparent and a stepchild may not marry.[119]

Slovenia[edit]

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 two years in prison.[citation needed]

Spain[edit]

Consensual incest is legal in Spain since there is no law against it. But both must be over the age of consent of 16 to have sex.[26]Incest is not Illegal in Spain

Sweden[edit]

Incest with a descendant or a full sibling is prohibited by law in Sweden.[120][121] Incest with Descendants is not a crime same for same-sex siblings. Half-siblings can engage in sexual intercourse and even marry, but require special approval by the government.

Switzerland[edit]

Article 213 of the Swiss Criminal Code prohibits incest. Intercourse among siblings or other persons related by blood in direct line is punishable by up to three years' imprisonment.[122] 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.[123]

Ukraine[edit]

There appears to be no law prohibiting incest [124] but there is a law restricting it. Article 155 of the criminal code prohibits penetrative sex with anyone under 16. The same article also prohibits incest with a person under 16 with whom one has custodial authority (such as father-minor-daughter).

United Kingdom[edit]

Legislation regarding sexual offences in the United Kingdom is devolved. Sex with an adult who is related as parent, adoptive parent, grandparent, child, 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[125] 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). The punishment for sex between adults knowingly related in the aforementioned ways via penetration is liable to a maximum imprisonment for a term not exceeding two years.[23] While sexual activity with a child family member can incur imprisonment for a term not exceeding 14 years.[24] 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 of the potential consequences.[126] 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 not only illegal, but also immoral.[127] In Northern Ireland similar offences are against the Sexual Offences (Northern Ireland) Order 2008.[128]

In Scotland the offence is against the Criminal Law (Consolidation) (Scotland) Act 1995,[129] the provisions of which effectively replaced the Incest and Related Offences (Scotland) Act 1986[130] (although the 1986 Act was not actually repealed until 2010).[131] 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.[132] 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.[133] In August 2016 and December 2017, further petitions were submitted to the Scottish Parliament's Public Petitions Committee.[134][135]

Oceania[edit]

Australia[edit]

In Australia, federal marriage law prohibits marriage between an ancestor and descendant or siblings (including a sibling of half-blood), including those traced through adoption.[136] However, under federal law, sexual conduct between consenting adults (18 years of age or older) is legal,[137][138] which also applies to close family members. Subject to this overriding federal law, incest continues in the statute books as a crime in every Australian jurisdiction,[139] but what constitutes incest and penalties vary.

In all Australian states and territories except New South Wales, sexual intercourse between a lineal ancestor and a lineal descendant is incest. In New South Wales, incest involves "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".[140] In Queensland, unlawful incest also 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 her uncle or a nephew aged 16 or over to engage in sexual intercourse with his aunt. The same principles apply in a same-sex context, as the Marriage Act allows same-sex marriage.

In New South Wales incest is generally only applied in cases where both participants are aged 16 or over (the age of consent in the state). Where a participant is aged between 10 and 16 years of age the older participant would generally be charged with sexual intercourse with a child under the age of 16, while in cases when a participant is under 10, the older participant would generally be charged with sexual intercourse with a child under the age of 10.

In the other states and territories, 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 state or territory is consent a defense to incest. The maximum penalty for incest varies: eight years' imprisonment in New South Wales;[140] 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, and Tasmania; and life imprisonment in Queensland. After one conviction for incest, the offender's name is placed on the sex offender registry for 15 years, while any offender with two or more convictions for incest has their name placed on the registry for the remainder of their life.

No particular laws apply to relationships arising from a sperm donation.[citation needed]

Papua New Guinea[edit]

Incest is illegal in Papua New Guinea.[141]

New Zealand[edit]

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 10 years' imprisonment.[142] Incest is the only sexual crime punishable by seven years or more imprisonment that is not subject to the country's "three-strikes" law.[143]

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 seven years' imprisonment.[144]

See also[edit]

References[edit]

  1. ^ Levesque, Roger J. R. (1999). Sexual Abuse of Children: A Human Rights Perspective. Indiana University Press. pp. 1, 5–6, 176–180. ISBN 9780253334718.
  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.
  3. ^ "Genetic And Quantitative Aspects Of Genealogy - Calculation Of The Coefficient Of Relationship". Genetic-genealogy.co.uk.
  4. ^ "Kin Selection". Benjamin/Cummings. 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. ^ "Female executions in the latter 20th century". Capitalpunishmentuk.org.
  7. ^ "Penal Code" (PDF). Wipo.int. Retrieved 3 May 2022.
  8. ^ Yong-jun, Li (2012). "Why Is "Relatives Sex" Crime?—Reflection on the Re-Adoption of Incest in China's Criminal Law". Social Sciences. Journal of Lanzhou University. Changchun: Lanzhou University.
  9. ^ "Penal Code" (PDF). Refworld.org. Retrieved 3 May 2022.
  10. ^ a b "Penal Code – Riigi Teataja". Riigiteataja.ee.
  11. ^ "Criminal Code" (PDF). Wipo.int.
  12. ^ "Israeli Penal Law" (PDF).
  13. ^ a b "刑法 / Penal Code". Japaneselawtranslation.go.jp.
  14. ^ "Penal Code Laws of Liberia" (PDF). Icla.up.ac.za. Retrieved 3 May 2022.
  15. ^ "Nigeria – Violence Against Persons Prohibition Bill Becomes Law – The African Centre for Democracy and Human Rights Studies". Acdhrs.org. Retrieved 3 May 2022.
  16. ^ "Nigeria: Violence Against Persons Prohibition Act, Section 25" (PDF). Ilo.org. Retrieved 3 May 2022.
  17. ^ "Somalia: A man found in incest case stoned to death in Somalia". Archived from the original on 2010-03-27. Retrieved 2019-04-18.
  18. ^ "Penal Code Act, 2008" (PDF). Wipo.int.
  19. ^ "Penal Code" (PDF). Ecoi.net. Retrieved 3 May 2022.
  20. ^ "Penal Code of Tanzania" (PDF). Un.org. Retrieved 3 May 2022.
  21. ^ "Penal Code Act 1950". Archived from the original on 2021-01-25. Retrieved 2019-04-17.
  22. ^ "Man faces stoning in UAE for incest". 14 April 2007. Archived from the original on 2018-08-21. Retrieved 2018-11-13.
  23. ^ a b "Sexual Offences Act 2003". legislation.gov.uk. 2003. Retrieved 11 November 2020.
  24. ^ a b "Sexual Offences Act 2003". legislation.gov.uk. 2003. Retrieved 11 November 2020.
  25. ^ "The Laws of Republic of Zambia" (PDF). Parliament.gov.zm. Retrieved 3 May 2022.
  26. ^ a b c d e "Limits on the Protection of Legal Interest in the Criminalization of Incest (page 29)" (PDF). Max Planck Institute for Foreign and International Criminal Law. 14 March 2008. Archived from the original (PDF) on 26 March 2016. Retrieved 30 August 2012.
  27. ^ "Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 s. 12" (PDF). Archived from the original (PDF) on 2018-04-17. Retrieved 2012-05-27.
  28. ^ 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.
  29. ^ "Loi modifiant et complétant certaines dispositions du Code Pénal sur la lutte contre la traite des personnes et le tourisme sexuel". Textes.lexxika.com. Retrieved 25 November 2021.
  30. ^ Criminal Law Codification and Reform Act of Zimbabwe Chapter 9; 23
  31. ^ section 75 of the Criminal Law Codification and Reform Act (The Code)
  32. ^ "CODIGO PENAL DE LA NACION ARGENTINA". servicios.infoleg.gob.ar.
  33. ^ "TITULO I". servicios.infoleg.gob.ar.
  34. ^ a b "Incest: an age-old taboo". BBC News. 12 March 2007. 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.
  35. ^ a b c "Mundo do Direito, da Hist贸ria, da M煤sica e da Literatura". Direitomaisdireito.blogspot.com.br.
  36. ^ a b c "Direito Brasil – Marriage" (PDF). direitobrasil.adv.br (in Portuguese). Archived from the original (PDF) on 2019-01-11. Retrieved 2013-08-26.
  37. ^ "Criminal Code R.S.C. 1985, c. C-46, s. 155". Archived from the original on 2015-04-30.
  38. ^ a b c "Inbred Obscurity: Improving Incest Laws in the Shadow of the 'Sexual Family', p. 2469-2470". Harvard Law Review. 119 (8): 2464–2485. June 2006. JSTOR 4093513.
  39. ^ "State Criminal Incest Statutes" (PDF). Archived from the original (PDF) on 2018-02-22. Retrieved 2014-10-22.
  40. ^ "National District Attorneys Association: The Voice of America's Prosecutors". National District Attorneys Association.
  41. ^ Turner, Jeffrey S. (1996). Encyclopedia of Relationships Across the Lifespan. Greenwood Publishing Group. pp. 92. ISBN 978-0-313-29576-8.
  42. ^ "中华人民共和国刑法(修订)_中国人大网". March 24, 2021. Archived from the original on 2021-03-24.
  43. ^ Age of consent in China
  44. ^ CAP 200 Crimes Ordinance, Part VI, s.47-51. (22 May 1998)
  45. ^ "Review of Substantive Sexual Offences (HKLRC Report)". The Law Reform Commission of Hong Kong.
  46. ^ "Incest and the conspiracy of silence". Indiatogether.org. 30 April 2009.
  47. ^ "Incest in India". Ndtv.com. 12 August 2009. Archived from the original on 16 May 2014. Retrieved 11 February 2011.
  48. ^ Examples:
  49. ^ Singer, Peter (October 10, 2014). "Should adult sibling incest be against the law?". The Japan Times.
  50. ^ "KOREAN LAW INFORMATION CENTER | LAW SEARCH". Law.go.kr.
  51. ^ "Statutes of the Republic of Korea". Elaw.klri.re.kr.
  52. ^ "Redirect page". Archived from the original on 2021-05-25. Retrieved 2021-05-25.
  53. ^ "Archived copy" (PDF). Archived from the original (PDF) on 2015-02-26. Retrieved 2015-04-07.{{cite web}}: CS1 maint: archived copy as title (link) Laws of Malaysia
  54. ^ "Sexual Offences Laws – Malaysia – Interpol". Pdfdownload.org. Archived from the original on 24 March 2012. Retrieved 11 April 2012.
  55. ^ "Malaysia incest case judgement" (PDF). 2014-08-08. Archived from the original (PDF) on 8 August 2014.
  56. ^ "Malaysian Penal Code" (PDF). Joinedwebsolutions.com. Retrieved 3 May 2022.
  57. ^ "Charged with incest". New Straits Times. 29 March 2012. Archived from the original on 29 March 2012. Retrieved 29 March 2012.
  58. ^ Civil Code of the Philippines, Article 81.
  59. ^ Family Code of the Philippines, Articles 37 and 38.
  60. ^ Matter of Bautista In Visa Proceedings, A-21307895, September 12, 1978
  61. ^ "Presidential Decree No. 1083, s. 1977 | GOVPH". Officialgazette.gov.ph. Retrieved 3 May 2022.
  62. ^ Code of Muslim Personal Laws of the Philippines, Article 24.
  63. ^ "House bill seeks ban on incestuous relationships". Gmanetwork.com. 2 February 2021. Retrieved 26 February 2021.
  64. ^ "Singapore Statutes Online - 224 - Penal Code". Archived from the original on 2017-02-02. Retrieved 2015-04-05.
  65. ^ "Criminal Code of the Republic of China - Article No Search/Content Search Result - Laws & Regulations Database of the Republic of China (Taiwan)". Archived from the original on 2022-05-26. Retrieved 2021-03-26.
  66. ^ "Civil Code - Article No Search/Content Search Result - Laws & Regulations Database of the Republic of China (Taiwan)". Archived from the original on 2022-05-26. Retrieved 2021-03-27.
  67. ^ "Rape (Sections 276-281) | Thailand Law Library". Library.siam-legal.com. March 18, 2015.
  68. ^ "Marriage (Section 1448-1460) | Thailand Law Library". Library.siam-legal.com. March 4, 2015.
  69. ^ "Void Marriage (Section 1494-1500) | Thailand Law Library". Library.siam-legal.com. March 9, 2015.
  70. ^ a b "Request Rejected". Tbmm.gov.tr.
  71. ^ "Penal Code (No. 15/1999/QH10) Article 150". Ministry of Justice. Archived from the original on 2 October 2013. Retrieved 10 October 2011.
  72. ^ "Rule of Law Through Technology : Level 4 Page". Kentlaw.edu.
  73. ^ "Criminal codes - Legislationline". Legislationline.org.
  74. ^ "Criminal codes - Legislationline". Legislationline.org.
  75. ^ "Criminal Code of the Republic of Serbia". Osce.org.
  76. ^ "Criminal codes - Legislationline". Legislationline.org.
  77. ^ "Criminal codes - Legislationline". Legislationline.org.
  78. ^ "Criminal codes - Legislationline". Legislationline.org.
  79. ^ "Legislationline". Legislationline.org.
  80. ^ "Ï ðåñß Ðïéíéêïý Êþäéêá Íüìïò - ÊÅÖ.154". Cylaw.org.
  81. ^ "Geschwisterpaar bringt Inzest-Verbot ins Wanken". Focus.de (in German). 22 May 2011.
  82. ^ #Russia, #Belarus
  83. ^ #Ukraine
  84. ^ Unternehmensberatung, ADVOKAT. "§ 211 StGB (Strafgesetzbuch), Blutschande - JUSLINE Österreich". Jusline.at.
  85. ^ Searching the Criminal code found nothing
  86. ^ "Soulož mezi příbuznými, § 188 - Trestní zákoník č. 40/2009 Sb. | Kurzy.cz". Kurzy.cz.
  87. ^ Danish penal law, paragraph 210
  88. ^ "Retsinformation". Retsinformation.dk. Retrieved 3 May 2022.
  89. ^ "FINLEX ® - Ajantasainen lainsäädäntö: Rikoslaki 39/1889". Finlex.fi.
  90. ^ "FINLEX ® - Ajantasainen lainsäädäntö: Avioliittolaki 234/1929". Finlex.fi.
  91. ^ "Penal Code Article 222-31-1". Legifrance.gouv.fr.
  92. ^ "Décision n° 2011-163 QPC du 16 septembre 2011". Legifrance.gouv.fr.
  93. ^ "Paragraphe 3 : De l'inceste commis sur les mineurs (Articles 222-31-1 à 222-31-2) - Légifrance". Archived from the original on 2022-05-26. Retrieved 2021-03-26.
  94. ^ "Paragraphe 3 : De l'inceste (Articles 222-31-1 à 222-31-2) - Légifrance". Legifrance.gouv.fr.
  95. ^ "StGB - Einzelnorm". Juris.de.
  96. ^ "BGB - Einzelnorm". Juris.de.
  97. ^ "Bundesverfassungsgericht". Bverfg.de. 26 February 2008.
  98. ^ "A majority in the Ethics Council recommends a revision to Section 173 of the German Criminal Code regarding consensual incest between siblings". Deutscher Ethikrat. Retrieved 27 March 2021.
  99. ^ "Incest Prohibition - Opinion" (PDF). Deutscher Ethikrat. Retrieved 27 March 2021.
  100. ^ "Υπουργείο Δικαιοσύνης - Κώδικες > Ευρετήριο > ΠΟΙΝΙΚΟΣ ΚΩΔΙΚΑΣ". Ministryofjustice.gr. Archived from the original on 2014-02-16. Retrieved 2014-10-20.
  101. ^ "Law 3625/2007 (In Greek)". Archived from the original on 2019-07-27. Retrieved 2014-10-20.
  102. ^ "ΕΦΗΜΕΡΙΔΑ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ". Dsanet.gr.
  103. ^ "Greek Civil Code (In Greek)". Archived from the original on 2014-10-13. Retrieved 2014-10-21.
  104. ^ "19/1940: Almenn hegningarlög". Alþingi.
  105. ^ a b "Punishment of Incest Act, 1908". Irishstatutebook.ie.
  106. ^ "The law on sexual offences in Ireland". Archived from the original on June 28, 2013.
  107. ^ "Criminal Law (Sexual Offences) (Amendment) Act 2019". Irishstatutebook.ie.
  108. ^ "Dei delitti contro la famiglia". Altalex.com.
  109. ^ See post by Dag Robertson to Kindred Spirits (forum) of 3 Aug. 2020 [1]
  110. ^ "Euro Communicator". Archived from the original on 2017-09-03. Retrieved 2017-09-02.
  111. ^ Law on the Approval and Entry into Force of the Criminal Code article 151.1(3), E-seimas.lrs.lt
  112. ^ "Dutch civil law, book 1, article 41". Overheid.nl. Retrieved 8 September 2015.
  113. ^ "Straffelovens kapittel 26 paragraf 312". Lovdata.no.{{cite web}}: CS1 maint: url-status (link)
  114. ^ "Dz.U. 1997 nr 88 poz. 553 | Ustawa z dnia 6 czerwca 1997 r. - Kodeks karny" (in Polish). Archived from the original on 2008-03-09.
  115. ^ "Committee Experts Praise Portugal's Efforts to Promote Equality of Women". Committee on Elimination of Discrimination against Women. January 2002.
  116. ^ "Noul Cod Penal (2013/2014)". Retrieved 2013-04-24.
  117. ^ "«Запрещен ли у нас инцест, и какое за это наказание следует?» Do we prohibit incest and what is the punishment?". Яндекс Кью (in Russian). Retrieved 2022-08-06.Summary: Since there is no law against incest in Russia, incest is legal whenever sex is legal. Since sex is legal between teens 12-18, so is incest. But an adult over 18 is not allowed to have sex with a teen under 16.
  118. ^ 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 [A study of the effect of the establishment and development of legal norms criminalizing the encroachment on personal rights in the area of sexual relations in Russian law]. Сибирский юридический вестник (in Russian). 2. ISSN 2071-8136. Archived from the original on 5 September 2011. Retrieved 30 October 2009.
  119. ^ ""Семейный кодекс Российской Федерации" (СК РФ) от 29.12.1995 N 223-ФЗ (последняя редакция) \ КонсультантПлюс". Consultant.ru. Retrieved 3 May 2022.
  120. ^ "Brottsbalken kap. 6 § 7" (in Swedish). Retrieved 10 December 2009.
  121. ^ "The Swedish Criminal Code". Government of Sweden. 2020-02-11. Chapter 6, Section 7. Retrieved 2020-04-13.
  122. ^ Swiss Penal Code , SR/RS 311.0 (E·D·F·I), art. 213 (E·D·F·I)
  123. ^ Masmejan, Denis (18 September 2010). "Dépénaliser l'inceste n'est pas une bonne idée". Le Temps. Archived from the original on 21 September 2010. Retrieved 19 September 2010.
  124. ^ (in Russian)“Инцест разгуливает по планете. Украина. Правовая аналитика.” 27 Sept. 2013, Incest parades around the plant. Ukraine. Legal analysis. 27 сентября 2013, by ОЛЕГ КУЛАКОВ (lawyer and law instructor) [2]
  125. ^ "Sexual Offences Act 2003". Retrieved 20 March 2016.
  126. ^ Roffee, J. A. (2014). "No Consensus on Incest? Criminalisation and Compatibility with the European Convention on Human Rights". Human Rights Law Review. 14 (3): 541–572. doi:10.1093/hrlr/ngu023.
  127. ^ Roffee, James A. (2014). "The Synthetic Necessary Truth Behind New Labour's Criminalisation of Incest". Social & Legal Studies. 23: 113–130. doi:10.1177/0964663913502068. S2CID 145292798.
  128. ^ "The Sexual Offences (Northern Ireland) Order 2008". Legislation.gov.uk. Retrieved 20 March 2016.
  129. ^ "Criminal Law (Consolidation) (Scotland) Act 1995". Legislation.gov.uk. Retrieved 20 March 2016.
  130. ^ "Incest and Related Offences (Scotland) Act 1986". Legislation.gov.uk. Retrieved 20 March 2016.
  131. ^ "Criminal Justice and Licensing (Scotland) Act 2010". Legislation.gov.uk. Retrieved 20 March 2016.
  132. ^ "Briefing for the Public Petitions Committee - Adult Consensual Incest" (PDF). Scottish Parliament. Retrieved 20 March 2016.
  133. ^ "PE01599: Adult Consensual Incest (ACI)". Scottish Parliament. 2 January 2016. Retrieved 20 March 2016.
  134. ^ "PE01614: Adult Consensual Incest (ACI)". Archive2021.parliament.scot. September 28, 2016.
  135. ^ "PE01681: Adult Consensual Incestuous Relationships and Marriage". Archive2021.parliament.scot. December 1, 2018.
  136. ^ "MARRIAGE ACT 1961 - SECT 23B : Grounds on which marriages are void". 6.austlii.edu.au. Retrieved 3 May 2022.
  137. ^ "Human Rights (Sexual Conduct) Act 1994". Commonwealth Consolidated Acts. Retrieved 2012-11-09.
  138. ^ Human rights in Australian law: principles, practice and potential, (1998) edited by David Kinley. ISBN 1862873062.
  139. ^ 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"..
  140. ^ a b "CRIMES ACT 1900 - SECT 78A : Incest". 7.austlii.edu.au. Retrieved 3 May 2022.
  141. ^ https://www.thenational.com.pg/dealing-with-incest-in-png/
  142. ^ "130 Incest -- Crimes Act 1961 No 43 (as at 13 July 2011), Public Act -- New Zealand Legislation Online". Parliamentary Counsel Office. 13 July 2011. Retrieved 10 February 2012.
  143. ^ "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. Retrieved 12 June 2014.
  144. ^ "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. Retrieved 12 June 2014.

External links[edit]

  • World Population Review:Where incest is legal [4]
  • Incest laws and map for Europe [5]