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Jump to: Author Title Full-text. Story Management Advanced Search. Before , incest was a common law offence which extended to the same degrees of relationship but which applied only to vaginal intercourse.

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 he or she belongs do 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 he or she belongs do not prohibit marriage between first or second cousins.

In Argentina , incest is legal if both individuals are over the minimum age of consent. Brazil has no criminal punishment if the involved are over the age of 14 the clear age of consent in force; before , though, sex with people as young as 12 and as elder 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.

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.

Brazilian law, by the Article 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.

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.

It is punishable by up to 14 years' imprisonment, and a person who commits incest with someone under the age of 16 is liable to a minimum imprisonment of five years.

In Chile, incest between lineal ancestors and descendants and between full siblings is prohibited. It is punishable by up to 1 year in prison. In Mexico, The crime of incest when the ancestors have sexual relations with their descendants will be punished with a sentence of one to six years in prison.

Laws regarding incest in the United States vary widely between 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. 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, [37] and only criminalizes incestuous marriage.

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. The People's Republic of China prohibits two kinds of marriages in terms of kinship.

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.

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.

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

The Indian Penal Code IPC does not contain any specific provision against incest 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.

Consensual incest between adults is legal in Japan. 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.

In addition to whipping, persons convicted of incest face a minimum sentence of 6 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.

While it is unclear to which family members the incest law applies, a verdict from the High Court in Sabah and Sarawak in 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.

There are more severe sentences for those who commit incest through rape. The offence of incestuous rape is punishable with not less than 8 years' imprisonment and not more than 30 years' imprisonment.

In addition, those convicted receive not less than 10 strokes. Malaysian law also considers sexual intercourse with the stepfamily to be incestuous.

The legal code of Pakistan defines incest as marriage consortion between a male and either his:. Both participants are guilty if they commit the above acts and are charged with zina.

Article 81 of the Civil Code of the Philippines considers marriages between the following incestuous and void from their performance: [51].

A similar prohibition can be found in Articles 37 and 38 of the Family Code. In the 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. In addition, the Code of Muslim Personal Laws of the Philippines prohibit by consanguinity tahrimjbin-nasab the following marriages: [54].

Section G of the Penal Code specifies that "a male, of or above the age of 16, having sexual relations with his grand-daughter, daughter, sister, half-sister, mother or grandmother, with or without consent, shall be guilty of an offence.

Any woman of or above the age of 16 years who, with consent, permits her grandfather, father, brother, half-brother, son or grandson whether such relationship is or is not traced through lawful wedlock to penetrate her in the manner described in subsection 1 a or b , knowing him to be her grandfather, father, brother, half-brother, son or grandson, as the case may be, shall be guilty of an offence.

In Taiwan , officially the Republic of China ROC , Article of the Civil Code prohibits marrying any lineal relative by blood or by marriage, collateral relative by blood if it is within the sixth degree of relationship except relative by adoption who is of the same rank , or if collateral relative by marriage is within the fifth degree of relationship of a different rank.

Relatives by marriage or adoption are prohibited marriage and cannot marry even after the marriage or adoption has ended. The degree of relationship is calculated vertically, therefore a sibling is within the second degree of relationship.

The Judicial Yuan Interpretation No. When the interpretation was made, it was not uncommon for parents to adopt a child so that their own child can marry the adopted child when both children have grown up.

Article of the Penal Code 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 5 years. Incestuous relations between adults over 18 years old are not prohibited by law. Incestuous marriage is prohibited by law.

Sibling marriage and avunculate marriage is prohibited, while cousin marriage is legal. Incest between people of direct blood line is illegal in Vietnam and is punishable by sentencing to between 6 months and 5 years of imprisonment.

Countries that allow incest between consenting adult siblings include France, Spain, the Benelux and Portugal. In Austria , incest between lineal ancestors and descendants and between full siblings is prohibited.

It is punishable by up to 3 years in prison. Section of the Czech Criminal code [73] prohibits incest between lineal ancestors and descendants and siblings.

The maximum penalty is 3 years of imprisonment. In Denmark , incest is sex between lineal ancestors and descendants and between full siblings.

Sex with a descendant is punishable by up to 6 years imprisonment. Sex between siblings is punishable by up to 2 years imprisonment.

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.

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.

The penal code , which was promulgated by Napoleon I and adopted throughout most of Europe, abolished incest laws in France , [32] Belgium , and Luxembourg.

On 27 January , France reinstated laws against incest. The new law, however, defines incest as rape or sexual abuse on a minor "by a relative or any other person having lawful or de facto authority over the victim".

In Germany , incest is legally 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.

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. The criminal liability of incest among consenting adults is disputed in Germany.

In the case of Patrick Stübing , the Federal Constitutional Court ruled in that the criminalization of incest is constitutional in a vote with one judge dissenting.

In September the German Ethics Council recommended that the government abolish laws criminalizing consensual incest between adult siblings, arguing that such bans impinge upon citizens.

Paragraph 2 of Article 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.

Article 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.

Article [89] 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.

Incest is illegal in the Republic of Ireland under the Punishment of Incest Act , [90] 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 sixteen 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.

Prior to the amendment of the Act in , incest was punishable by up to 7 years' imprisonment for a female and up to life imprisonment for a male.

The Criminal Law Sexual Offences Amendment Act amended the Act of to provide for a maximum term of 10 years' imprisonment for both males and females.

Occasionally, offenders convicted of incest will be admitted to a psychiatric hospital for psychiatric treatment. Incest is illegal in Italy only if it provokes public scandal, according to Article of the Penal code and punishable from 2 to 8 years' imprisonment, open to more years for the older person if the other was under aged.

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

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.

Consensual incest between adults is legal in the Netherlands. Marriage is also forbidden between blood relations of the third and fourth degree, unless both partners have signed a declaration of consent.

Dutch civil law book 1, articles 41 and Incest is illegal in Norway and is defined as intercourse between ancestors and descendants, siblings, and even stepfamily.

It is punishable by up to 5 years in prison. In Poland , incest is defined in Article of the Penal Code as sexual intercourse with an ancestor, descendant, guardian, ward, brother, or sister, and is punishable by imprisonment for no less than 3 months and no more than 5 years.

Incest is not specifically prohibited under Portuguese law. Incest is defined in the Penal Code as "consensual sexual relations between lineal relatives or between siblings" and is punished by a year to 5 years in prison.

In Russia , consensual sex between adults, including incest, is not a crime. 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 2 years in prison. Consensual incest between adults is legal in Spain.

Incest with a descendant or a full sibling is prohibited by law in Sweden. Article of the Swiss Penal Code prohibits incest.

Intercourse among siblings or other persons related by blood in direct line is punishable by up to 3 years' imprisonment. 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 [] 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— 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.

Roffee discusses how the language used manipulates the reader to deem consensual familial sexual acts as not only illegal, but also immoral.

In Scotland the offence is against the Criminal Law Consolidation Scotland Act , [] the provisions of which effectively replaced the Incest and Related Offences Scotland Act [] although the Act was not actually repealed until 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.

Subject to this overriding federal law, incest continues in the statute books as a crime in every Australian jurisdiction , [] but definitions and penalties vary.

In all jurisdictions except New South Wales , incest is sexual intercourse between a lineal ancestor and a lineal descendant. In New South Wales, incest takes place between "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".

In Queensland , unlawful incest 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 , 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 their uncles and a nephew aged 16 or over may engage in sexual intercourse with their aunts.

The same principles apply in a same-sex context, as the Marriage Act allows same-sex marriage. In all other jurisdictions, 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 Australian state or territory is consent a defense to incest. The maximum penalty for incest varies: 8 years' imprisonment in New South Wales; [] 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. 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. A conviction for incest attracts a maximum penalty of 10 years' imprisonment.

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 7 years' imprisonment.

From Wikipedia, the free encyclopedia. Redirected from Laws regarding incest. Family law Family Marriage and other equivalent or similar unions and status.

Validity of marriages. Dissolution of marriages.

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