INCEST
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 pre-
vent sexual intercourse between individuals
related within the degrees set forth, for the fur-
therance of the public policy in favor of domes-
tic peace. The prohibition of intermarriage is
also based upon genetic considerations, since
when excessive inbreeding takes place, undesir-
able recessive genes become expressed and
genetic defects and disease are more readily per-
petuated. In addition, the incest taboo is univer-
sal 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 fre-
quently 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 his spouse, it is not a vio-
lation of incest statutes for a man to marry or
have sexual relations with his stepdaughter or
his spouse’s sister.
Certain statutes require that the individual
accused of incest have knowledge of the rela-
tionship. In such cases, both parties need not be
aware that their actions are incestuous in order
for the party who does know to be convicted.
When intermarriage is prohibited by law, it
need not be proved that sexual intercourse took
place in order for a conviction to be sustained,
since the offense is complete on intermarriage.
In statutes that define incest as the intermarriage
or carnal knowledge of individuals within the
prohibited degrees, incest can be committed
either by intermarriage or sexual relations.
Some state laws provide that the crime of
incest is not committed unless both parties consent to it.When the sexual relations at issue were accomplished by force, the act constitutes rape,
and the individual accused cannot be convicted
of incest.
It is no defense to incest that the woman had
prior sexual relations or has a reputation for
unchastity. Similarly, voluntary drunkenness,
moral insanity, or an uncontrollable impulse are
insufficient defenses.
Punishment for a conviction pursuant to an
