Incest

Author:Jeffrey Lehman, Shirelle Phelps
 
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Page 360

The crime of sexual relations or marriage taking place between a male and female who are so closely linked by blood or affinity that such activity is prohibited by law.

Incest is a statutory crime, often classified as a felony. The purpose of incest statutes is to prevent sexual intercourse between individuals related within the degrees set forth, for the furtherance of the public policy in favor of domestic peace. The prohibition of intermarriage is also based upon genetic considerations, since when excessive inbreeding takes place, undesirable recessive genes become expressed and genetic defects and disease are more readily perpetuated. In addition, the incest taboo is universal in human culture.

Rape and incest are separate offenses and are distinguished by the fact that mutual consent is required for incest but not for rape. When the female is below the age of consent recognized by law, however, the same act can be both rape and incest.

The proscribed degrees of incest vary among the different statutes. Some include PARENT AND CHILD, brother and sister, uncle and niece, or aunt and nephew, and first cousins. In addition, intermarriage and sexual relations are also frequently prohibited among individuals who are related by half-blood, including brothers and sisters and uncles and nieces of the half-blood.

In a number of jurisdictions, incest statutes extend to relationships among individuals related by affinity. Such statutes proscribe sexual relations between stepfathers and stepdaughters, stepmothers and stepsons, or brothers-and sisters-in-law, and such relations are punishable as incest. It is necessary for the relationship of affinity to exist at the time the intermarriage or sexual intercourse occurs in order for the act to constitute incest. In the event that the relation-ship has terminated prior to the time that the act takes place, the intermarriage or sexual inter-course is not regarded as incest.

Affinity ordinarily terminates upon the DIVORCE or death of the blood relation through whom the relationship was formed. Following the divorce or death of...

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