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incest

  (ĭn'sĕst') pronunciation
n.
  1. Sexual relations between persons who are so closely related that their marriage is illegal or forbidden by custom.
  2. The statutory crime of sexual relations with such a near relative.

[Middle English, from Latin incestum, from neuter of incestus, impure, unchaste : in-, not; see in–1 + castus, pure, chaste.]


 
 

Sexual relations between persons who, because of the nature of their kinship ties, are prohibited by law or custom from intermarrying. The incest taboo is generally universal, although it is imposed differently in different societies. Usually, the closer the genetic relationship between two people, the stronger and more highly charged is the taboo prohibiting or discouraging sexual relations. Some sociobiologists consider that inbred populations have diminished reproductive success and become gene pools for hereditary disorders. Some cultural anthropologists argue instead that the incest prohibition, with the corresponding rules of exogamy, acts to require males to seek sexual and marital partners outside the group, thereby establishing useful alliances. Other theories emphasize the need to control sexual jealousies within the family or to prepare children to function with restraint in adult society. No single explanation seems satisfactory, causing some to question whether incest should be treated as a unitary subject. Most cases of incest that come before criminal courts concern sexual intercourse between fathers and relatively young daughters (see child abuse).

For more information on incest, visit Britannica.com.

 
sexual relations between persons to whom marriage is prohibited by custom or law because of their close kinship. Ideas of kinship, however, vary widely from group to group, hence the definition of incest also varies. Customs prescribing whom a person may and may not marry are found among all human groups, and these apparently antedated knowledge of the genetic effects of the intermarriage of close relatives. Even modern prohibitions of incest are based only in part on the observed fact that inherited defects tend to be transmitted in intensified form when both parents possess the same genes. In many societies, the marriage of parents and offspring, or brothers and sisters, is prohibited and abhorred—this is the incest taboo, much discussed in the anthropological literature. Only in some royal families, as in ancient Egypt and among the Inca, were such marriages customary, perhaps with the goal of conserving royal prerogatives and property; such marriages may have been largely symbolic. Theories concerning the incest taboo include sociological and psychological interpretations. In anthropology, it is often considered in relation to rules of exogamy, by which marriage serves as a means of social alliance between groups who might otherwise be disposed to fight one another. Incest is a recurrent theme in mythology and literature across the world, and it has played an important role in psychoanalytical speculation and theory (see Oedipus complex). For the contemporary legal aspects of incest, see consanguinity.

Bibliography

See J. Shepher, Incest: A Biosocial View (1983); J. B. Twitchell, Forbidden Partners: The Incest Taboo in Modern Culture (1986).


 

Characterization and definitions vary across cultures, but incest refers to sexual relations between close relatives. Prohibition may be according to custom or morality, and embodied in law. In psychoanalysis, the term is also and especially discussed in terms of fantasy and psychological conflict.

Freud mentioned incest for the first time in his correspondence with Wilhelm Fliess (Draft N, dated May 31, 1897), in which he explained "saintliness" in terms of its impious and anti-social character (1950a). A family primordially promiscuous would be forced to give up incestuous behavior in order to avoid being socially isolated.

Incest subsequently became a central theme in Freud's formulation of the Oedipus complex, defined as a child's conflict between sexual desire for the parent of the opposite sex (the "positive" oedipal complex) and repression of that desire. The theory was put forth in Three Essays on the Theory of Sexuality (1905d) and in Freud's discussion of the case of "Little Hans" (1909b), among other works.

From the start Freud also discussed the incest taboo in an anthropological context, in terms of its role in the evolution of society. The first chapter of Totem and Taboo (1912-13a) was devoted to "the horror of incest" and was based on the work of contemporary ethnologists. For Freud it was important to establish that such a taboo operated in every human society. This view gained some support in the work of later anthropologists, including Claude Lévi-Strauss, who, however, maintained reservations regarding Freud's obligatory corollary, that the Oedipus complex was "universal." (See André Green [1995] for a discussion of Lévi-Strauss's views.)

Freud held that psychic energy which accumulates through repression of sexual gratification, prohibitions owed to the oedipal situation, becomes an essential force propelling the development of civilization, especially through channels of sublimation. In "'Civilized' Sexual Morality and Modern Nervous Illness" (1908d), Freud suggested that repression can also provoke psychological disorders through the "damming-up" of libido (the "actual" neuroses) or by substitute symptom formation (the psychoneuroses). The price of civilized morality is high when repression adversely affects too many individuals and distorts the social fabric; Freud examined these issues in Group Psychology and the Analysis of the Ego (1921c) and in Civilization and Its Discontents (1930a).

The incest theme has received little attention in contemporary psychoanalytic literature; an exception is Paul-Claude Racamier's interesting treatment of the "incestual" (1995).

Bibliography

Freud, Sigmund. (1905d). Three essays on the theory of sexuality. SE, 7: 123-243.

——. (1909b). Analysis of a phobia in a five-year-old boy. SE, 10: 1-149.

——. (1921c). Group psychology and the analysis of the ego. SE, 18: 65-143.

——. (1908d). "Civilized" sexual morality and modern nervous illness. SE, 9: 177-204.

——. (1912-13a). Totem and taboo. SE, 13: 1-161.

——. (1930a). Civilization and its discontents. SE, 21: 57-145.

——. (1950a [1897]). Draft N. "Impulses, fantasies and symptoms." SE, 1: 173-280.

Green, André. (1995). La Casualité psychique. Paris: Odile Jacob. Propédeutique. La métapsychologie revisitée. Paris: l'Or d'Atalante.

Racamier, Paul-Claude. (1995). L'inceste et l'incestuel. Paris: Éditions du Collège de psychanalyse groupale et familiale.

Further Reading

Simon, Bennett. (1992). Incest—see under "oedipus complex": the history of an error in psychoanalysis. Journal of the American Psychoanalytic Association, 40, 955-988.

Simon, Bennett, and Bullock, Christopher. (1994). Incest and psychoanalysis: Are we ready to fully acknowledge, bear and understand? Journal of the American Psychoanalytic Association, 42, 1261-1282.

—ROGER PERRON

 
This entry contains information applicable to United States law only.

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 relationship has terminated prior to the time that the act takes place, the intermarriage or sexual intercourse 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 violation 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 relationship. 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 incest statute is determined by statute.

 

Sexual relations between relatives who are forbidden by law to marry; for example, between father and daughter or mother and son.

  • Though each society has its own system for determining the range of people who fall into this category, every society has an incest taboo of some sort.
  •  
    Wikipedia: incest


    Incest is a sexual activity between two persons related by close kinship. In some societies this is prevented by the legal or social prohibition to marry.[1] Although not universal, incest constitutes a cultural taboo in most current nations and many past societies,[2] with legal penalties in some places. In some societies, like Ancient Egypt or Achaemenid Persia, brother–sister, father–daughter and mother–son relations were practiced.[3][4]

    Which family members constitute those covered by the incest prohibition is determined by the society in which the persons live. Some societies consider it to include only those related by birth or those who live in the same household; other societies further include those related by adoption, marriage, or clan.[5]

    The term incest can include sexual activity between family members of either gender and can include family members of any age. When one of the family members involved is a minor, incestuous activity has also been called intrafamilial child sexual abuse.[6]

    Etymology

    The word 'incest' was introduced into Middle English c1225 as a legal term to describe the crime of familial incest as we know it today. It was also used to describe sexual relations between married persons, one of whom had taken a vow of celibacy(often called spiritual incest)[7]. It derives from the Latin incestus or incestum, the substantive use of the the adjective incestus meaning 'unchaste, impure', which itself is derived from the Latin castus meaning 'chaste'. The derived adjective incestuous does not appear until the 16th century [8].

    Prior to the introduction of the Latin term, incest was known in Old English as sibbleger (from sibb 'kinship' + leger 'to lie') or mǣġhǣmed (from mǣġ 'kin, parent' + hǣmed 'sexual intercourse') but in time, both words fell out of use.

    Inbreeding among animals

    In some species, most notably bonobos, sexual activity, including that between closely related individuals, is a means of dispute resolution or greeting.

    Inbreeding between close relatives, including parents and children, has been observed in some species, although patterns of parenting behaviour and the structure of dominance hierarchies serve to discourage inbreeding. For example, offspring—sometimes only the male offspring—are often driven away by the mother about when they reach sexual maturity.

    Inbreeding increases the frequency of homozygotes within a population. Depending on the size of the population and the number of generations in which inbreeding occurs, the increase of homozygotes has positive or negative effects.

    Distinctions between incest and inbreeding

    The definitions of incest and inbreeding are distinct. Incest describes socially taboo sexual activity between individuals who are considered to be too closely related to enter into marriage. In other words, it is a social and cultural term.

    Inbreeding describes procreation between individuals with varying degrees of genetic closeness, regardless of their relative social positions. It is a scientific term, rather than a social or cultural term.

    In many societies, the definition of incest and the degree of inbreeding may correlate positively. For example, sexual relations between people of a given degree of genetic closeness is considered incestuous. In other societies, the correlation may not be as obvious. Many cultures consider relationship between parallel cousins incestuous, but not those between cross cousins, although the degree of genetic relationship does not differ. Relationships may be considered incestuous even when there is no genetic relationship at all: stepparent–stepchild relationships, and those between siblings-in-law, have been considered incestuous, even though they involve no risk of inbreeding above that of the marriage that relates them.

    Genetics

    Table of prohibited marriages from The Trial of Bastardie by William Clerke. London, 1594.
    Enlarge
    Table of prohibited marriages from The Trial of Bastardie by William Clerke. London, 1594.

    While the exact nature of kin-recognition psychology awaits definition, and while the degree to which it can be overcome by cultural forces is poorly understood, an overwhelming body of research now shows that evolutionary biology and evolved human psychology play a central role in human aversion to incest.

    Inbreeding leads to an increase in homozygosity (the same allele at the same locus on both members of a chromosome pair). This occurs because close relatives are much more likely to share the same alleles than unrelated individuals. This is especially important for recessive alleles that happen to be deleterious, which are harmless and inactive in a heterozygous pairing but, when homozygous, can cause serious developmental defects. Such offspring have a much higher chance of death before reaching the age of reproduction, leading to what biologists call inbreeding depression, a measurable decrease in fitness due to inbreeding among populations with deleterious recessives. Recessive genes, which can contain various genetic problems, appear more often in the offspring of procreative couplings whose members both have the same gene. For example, the child of persons who are both hemophiliac has a 100% chance of having hemophilia.

    Leavitt has argued that inbreeding in small populations can have long-term positive effects: "small inbreeding populations, while initially increasing their chances for harmful homozygotic recessive pairings on a locus, will quickly eliminate such genes from their breeding pools, thus reducing their genetic loads". (Leavitt 1990, p. 974.) However, other specialists have argued that these positive long-term effects of inbreeding are almost always unrealized because the short-term fitness depression is enough for selection to discourage it. In order for such a "purification" to work, the offspring of close mate pairings must be either homozygous-dominant (completely free of bad genes) or -recessive (will die before reproducing). If there are heterozygous offspring, they will be able to transmit the defective genes without themselves feeling any effects. This model does not account for multiple deleterious recessives (most people have more than one) and multi-locus gene linkages. The introduction of mutations negates the weeding out of bad genes, and evidence exists that homozygous individuals are often more at risk to pathogenic predation. Because of these complications, it is extremely difficult to overcome the initial spike in fitness penalties incurred by inbreeding. (Moore 1992; Uhlmann 1992.)

    Psychology

    Presumably because of the genetic harm done, animals inbreed only in extremely unusual circumstances: major population bottlenecks and forced artificial selection by animal husbandry. Pusey & Worf (1996) and Penn & Potts (1999) both found evidence that some species possess evolved psychological aversions to inbreeding, via kin-recognition heuristics.

    Evolutionary psychologists have argued that humans should possess similar psychological mechanisms. The Westermarck effect, that children who are raised together during the first five to ten years of life have inhibited sexual desire toward one another, is one strong piece of evidence in favor of this. In what is now a key study of the Westermarck hypothesis, anthropologist Melford E. Spiro demonstrated that inbreeding aversion between siblings is predictably linked to co-residency. In a cohort study of children raised communally (as if siblings) in the Kiryat Yedidim kibbutz in the 1950s, Spiro found practically no intermarriage between his subjects as adults, despite positive pressure from parents and community. The social experience of having grown up as brothers and sisters created an incest aversion, even though the children were genetically unrelated.

    Further studies have supported the hypothesis that some psychological mechanisms cause children who grow up together to lack sexual attraction to one another. Spiro's study is corroborated by Fox (1962), who found similar results in Israeli kibbutzim. Wolf and Huang (1980) reported similar aversions in Taiwanese "child marriages", in which the future wife was brought into the family and raised with her fiancé. Such marriages were notoriously difficult to consummate and led to decreased fertility of the marriage. Lieberman et al. (2003) found that childhood co-residency with an opposite-sex sibling (biologically related or not) was significantly correlated with moral repugnance toward third-party sibling incest. [1]

    It is not unusual for biological siblings who did not know each other in childhood to be attracted to each other when meeting as adults (see genetic sexual attraction).

    Endogamy and exogamy

    Close relationships
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    AffinityAttachmentBondingCasualCohabitationCompersion ConcubinageCourtshipDivorceDower, dowry and bride priceFriendshipFamilyHusbandInfatuationIntimacyJealousyLimerenceLoveMarriageMonogamyNonmonogamyOffice romance PassionPartnerPederastyPolygamyPlatonic lovePsychology of monogamyRelationship abuseRomanceSexualitySeparationWeddingWidowhoodWife

    Anthropologists have found that marriage is governed, though often informally, by rules of exogamy (marriage between members of different groups) and endogamy (marriage between members of the same group). The definition of a group for purposes of exogamy or endogamy varies considerably between societies. In most stratified societies, one must marry outside of one's nuclear family — a form of exogamy — but is encouraged to marry a member of one's own class, race, or religion — a form of endogamy. In this example, the exogamous group is small and the endogamous group is large. But, in some societies, the exogamous group and endogamous group may be of equal size, as in societies divided into clans or lineages.

    In most such societies, membership in a clan or lineage is inherited through only one parent. Sex with a member of one's own clan or lineage—whether a parent or a genetically very distant relative—is considered incestuous, whereas sex with a member of another clan or lineage—including the other parent—is not considered incest (although it may be considered wrong for other reasons).

    For example, Trobriand Islanders prohibit both sexual relations between a man and his mother and those between a woman and her father, but they describe these prohibitions in very different ways: relations between a man and his mother fall within the category of forbidden relations among members of the same clan; relations between a woman and her father do not. This is because the Trobrianders are matrilineal; children belong to the clan of their mother and not of their father. Thus, sexual relations between a man and his mother's sister (and mother's sister's daughter) are also considered incestuous, but relations between a man and his father's sister are not. Hence, a man and his father's sister may have a flirtatious relationship, and a man and the daughter of his father's sister may prefer to have sexual relations or marry. Anthropologists have hypothesized that, in these societies, the incest taboo reinforces the rule of exogamy, and thus ensures that social ties between clans or lineages will be maintained through intermarriage.

    Chinese and Indian societies have very broad notions of the endogamous group: relations between individuals with the same surname may be banned.[citation needed]

    Some cultures include relatives by marriage in incest prohibitions; these relationships are called affinity rather than consanguinity. For example, the question of the legality and morality of a widower who wished to marry his deceased wife's sister was the subject of long and fierce debate in the United Kingdom in the 19th century, involving, among others, Matthew Boulton. In medieval Europe, standing as a godparent to a child also created a bond of affinity.

    Forms of incest

    Parental incest

    Incest perpetrated by parents of either sex against children of either sex is generally considered a form of child sexual abuse.

    Sibling incest between children

    Consensual incest between similar-age brothers and sisters is not uncommon, according to a study by Floyd Martinson, who found that 10-15% of college students had childhood sexual experiences with a brother or sister.[9] However, 5-10% of those included intercourse; and therefore most probably represent a form of child sexuality.[citation needed]

    Sexual relations between cousins and other distant relatives


    See also: Cousin couple
    Map of the legality of marriage to first cousins in the USA.
    Enlarge
    Map of the legality of marriage to first cousins in the USA.

    In most of the Western world, while incest generally describes forbidden sexual relations within the family, the applicable definitions of family vary. Within the United States, marriage between first cousins is illegal in some states, but not in others. In twenty-four states marriages between first cousins are prohibited, and another seven permit them only under special circumstances. Utah, for example, permits first cousins to marry only if both spouses are over age 65, or at least 55 with evidence of sterility; North Carolina permits first cousins to marry unless they are "double first cousins" (cousins through more than one line); Maine permits first cousins to marry only upon presentation of a certificate of genetic counselling. The other states with some, but not absolute, limits on first-cousin marriage are Arizona, Illinois, Indiana, and Wisconsin.

    First-cousin marriage without restriction is permitted in nineteen states—Alabama, Alaska, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Maryland, Massachusetts, New Jersey, New Mexico, New York, Rhode Island, South Carolina, Tennessee, Vermont, and Virginia—and the District of Columbia.

    First-cousin marriage is illegal in Arkansas, Delaware, Idaho, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Texas (such marriages may not be performed after 1 September 2005, although previous marriages are still recognized), Washington, West Virginia, and Wyoming, although the United States Constitution has been interpreted as requiring these states to give "full faith and credit" to such marriages performed in other states. [citation needed] Yet, in the absence of a United States Supreme Court ruling, the scope of the Full Faith and Credit Clause is not clear in this context, especially as it would have implications on whether states were required to recognize marriages commenced in Massachusetts between same-sex couples. There are conflicts and courts have interpreted the clause differently. Some states, such as Wisconsin [2], have marriage abroad laws that make marriages by their residents in jurisdictions in order to circumvent their state's marriage restrictions null and void, and marriages contracted in that state to avoid restrictions in another jurisdiction likewise void.

    Laws regarding incest

    Degrees of criminality

    The laws of many U.S. states recognize two separate degrees of incest, the more serious being the closest blood relationships, such as father–daughter, mother–son, and brother–sister, with the less serious charge being pressed against more distantly related individuals who engage in sexual intercourse, usually to and including first cousins and sometimes half-cousins. In New York State, close-blood-relation incest is a felony with a maximum penalty of four years in prison, while the less serious charge is usually only a misdemeanor. Many incest laws do not expressly proscribe sexual conduct other than vaginal intercourse—such as oral sex—or any sexual activity between relatives of the same sex (though if either party is a minor, it may be punishable otherwise).

    For many years, Andrew Vachss has written about the incest loophole in the laws of most U.S. states.

    New York's law—much like that of most other states—allows the possibility of privileged treatment for a special class of offender: the perpetrator who is related to his prey. In other words, the penal code gives a discount to child rapists who grow their own victims. In New York, sex with a child under the age of 11 is a Class B felony, punishable by up to 25 years in prison. The law is indexed appropriately, in the chapter on sex offenses. If, however, the sexually abused child is closely related to the perpetrator, state law provides for radically more lenient treatment. In such cases, the prosecutor may choose to charge the same acts as incest. This is not listed as a sex offense, but instead as an "offense affecting the marital relationship," listed next to adultery in the law books. It is a Class E felony, for which even a convicted offender may be granted probation.

    —Andrew Vachss, Op-Ed, The New York Times, 20 November 2005

    The latter was repealed through legislative action in 2006; however, it remains in the law of many states. [10]

    Adult incest

    Incestuous relations between adults, such as between an adult brother and sister, are illegal in most parts of the industrialized world. [citation needed] These laws are sometimes questioned on the grounds that such relations do not harm other people (provided the couple have no children) and so should not be criminalized. Proposals have been made from time to time to repeal these laws — for example, the proposal by the Australian Model Criminal Code Officer's Committee discussion paper "Sexual Offenses against the Person" released in November 1996. (This particular proposal was later withdrawn by the committee due to a large public outcry. Defenders of the proposal argue that the outcry was mostly based on the mistaken belief that the committee was intending to legalize sexual relations between parents and their minor children.)

    In the wake of the Lawrence v. Texas (539 U.S. 558 2003) decision by the U.S. Supreme Court, striking down laws criminalizing homosexual sodomy as unconstitutional, some have argued that by the same logic laws against consensual adult incest should be unconstitutional. Some civil libertarians argue that all private sexual activity between consenting adults should be legal, and its criminalization is a violation of human rights. In Muth v. Frank (412 F.3d 808), the 7th U.S. Circuit Court of Appeals interpreted the case applying to homosexual activity, and refused to draw this conclusion from Lawrence, however — a decision that attracted mixed opinions. The Supreme Court refused to hear this case.

    in Australia

    In Australia, marriage (which is defined to be a monogamous heterosexual union)[11] is governed at the federal level, while criminal law is on the whole a matter for the states and territories. Under Australian marriage law, parties within a "prohibited relationship" may not lawfully marry. This is defined as the relationship between an ancestor and descendent or between a brother and sister (including siblings of half blood), and includes relationships traced through adoption. [12] Moreover, incest is a crime in every Australian state and self-governing territory,[13] but unsurprisingly definitions and penalties vary. In all states and territories the legal definition of incest covers sex, whether heterosexual or homosexual, between a parent and child, as well as between siblings (including half-brothers and half-sisters). Whether the definition of incest extends to sex between a step-parent and step-child or adoptive relationships varies from state to state. In all jurisdictions except South Australia, the definition also includes sex between a grandparent and a grandchild and in all other jurisdictions except New South Wales it also covers sex between a "lineal ancestor" and a "lineal descendant" (which would include the relationship of great-grandparent/great-grandchild and beyond). Only in Queensland is incest defined to include sex between an uncle or aunt and a niece or nephew, although even here its application would appear to be curtailed by the effect of federal marriage law. The Queensland Criminal Code itself provides that the crime of incest does not apply to "persons who are lawfully married or entitled to be lawfully married" and Australian marriage law permits (heterosexual) marriage between an aunt or uncle and a nephew or niece, provided both parties are of marriageable age (currently 18) [14]. In New South Wales the crime of incest only applies where the victim is aged 16 or over (the age of consent in that state); in cases where the victim is under 16 the accused would be charged with the general offence of sexual intercourse with a child. In all other jurisdictions the crime of incest also exists where the victim is below the age of consent, but this does not exclude the possibility of bringing the more general charge of sexual intercourse with a child. This is particularly relevant where a certain form of sexual conduct between related persons falls outside of the legal definition of incest in a particular jurisdiction. In no Australian state or territory is consent a defence to the crime of incest. The penalty for incest varies from state to state. A conviction for incest attracts a maximum penalty of imprisonment for 5 years in Victoria (25 years in the case of sex with one's child, step-child or lineal descendent, irrespective of the victim's age), 7 years in South Australia, 8 years in New South Wales, 10 years in Western Australia (20 years if the victim is under 16), 10 years in the Australian Capital Territory (20 years if the victim is under 10 and 15 years if the victim is aged 11-15), 14 years in the Northern Territory (25 years if the victim is under 10 and 20 years if the victim is aged 11-15), 21 years in Tasmania, and imprisonment for life in Queensland.

    in France

    In France, incest is not a crime; incest laws were abolished by Napoleon some 200 years ago for uncertain reasons. Incestuous relations between a parent and minor child are prohibited and punished by law in France, but not between adults.

    in Germany

    In February 2007, German brother and sister, Patrick Stübing and Susan Karolewski,[15] called for the country's incest laws to be abolished so that they could continue their sexual relationship. Although they were born into the same family, Patrick was not living with them when Susan was born and they met for the first time in 2000. Between 2002 and 2006 they had four children although three have been taken into foster care. Two of the children have disabilities and while it is possible that these were caused by inbreeding, premature birth may also have contributed.[16] The siblings' lawyer, Endrik Wilhelm, has lodged an appeal with Germany's highest judicial body, the Federal Constitutional Court in Karlsruhe, in order to overturn the country's ban on incest.[17]

    in Poland

    In Poland, incest - defined in Article 201 of the Penal Code as sexual intercourse with an ancestor, a descendant, a guardian, a ward, a brother, or a sister - is punishable by 3 months up to 5 years imprisonment.

    in Sweden

    Sweden is the only country in Europe which allows marriage between siblings who share one parent.

    History

    Ancient civilizations

    It is relatively accepted that incestuous marriages were widespread at least during the Graeco-Roman period of Egyptian history. Numerous papyri and the Roman census declarations attest to many husbands and wives being brother and sister (Lewis 1983, Bagnall and Frier 1994, Shaw 1993). In (Hopkins 1980) this is conclusively demonstrated, and more recent scholars in the field have not questioned it. Some of these incestuous relationships were in the royal family, especially the Ptolemies.

    The fable of Oedipus with a theme of inadvertent incest between a mother and son, ends in disaster and shows ancient taboos against incest as Oedipus is punished for incestuous actions by blinding himself.

    Incestuous unions were frowned upon and considered as nefas (against the laws of gods and man) in Roman times, and were explicitly forbidden by an imperial edict in AD 295, which divided the concept of incestus into two categories of unequal gravity: the incestus iuris gentium, which was applied to both Romans and non-Romans in the Empire, and the incestus iuris civilis, which concerned only Roman citizens. Therefore, for example, an Egyptian could marry an aunt, but a Roman could not. Despite the act of incest being unacceptable within the Roman Empire, Roman Emperor Caligula is rumored to have had open sexual relationships with all three of his sisters, (Julia Livilla, Drusilla, and Agrippina the Younger) and to have killed his favorite (Drusilla) when she became pregnant with his child.

    Modern societies

    Incest is a taboo subject in many cultures and societies. In many Third World countries, because of the taboo and very sensitive nature of the subject, people do not talk openly about it. Hence victims of incestuous abuse, especially children, will often not desire to talk with authorities or get help.

    For example, in an Islamic country such as Iran, in an interview with semi-official Iranian News Agency (ISNA), an NGO who provides counselling to Children and families through a phone helpline claimed that a very significant amount of the 6000 calls they have received in the past two years, were about incest against children.[18]

    Religious views on incest

    Biblical references

    In the story of Sodom and Gomorrah in the Book of Genesis in the Bible, Lot's two daughters have sex with him to carry on their lineage when they believe that all humanity but them has been destroyed.

    Later, the Book of Leviticus lists prohibitions against sexual relations between various pairs of family members. Father and daughter, mother and son, and other pairs are forbidden, on pain of death, to have sexual relations. (Father–daughter incest is covered by a prohibition on sexual relationships between a man and any daughter born to any woman he has had sexual relationships with, thereby prohibiting his incest not only with his own daughters but also with women who could be his daughters by blood.) Leviticus also prohibits sexual relations between aunts and nephews, but not between uncles and nieces. Christians interpret it to include the latter by implication, though Jews traditionally do not. [citation needed]

    Judaism also traditionally considers it to have been an act of great kindness on God's part to allow Adam and Eve's children to marry each other in order to perpetuate the human race.

    Islam

    The Qur'an mentions incest which prohibits a man from having sexual relationships with his mother, daughter, sister, paternal aunt, maternal aunt or niece. Relations with wet nurses are also prohibited. However, Islam allows for marriage with cousins and other more distant relatives. Only in case of marriage does Islam allow sexual relations between cousins and other distant relatives.

    Hinduism

    Hinduism speaks of incest in highly abhorrent terms. Hindus were greatly fearful of the bad effects of incest and thus practice to date strict rules of both endogamy and exogamy, that is, marriage in the same caste (varna) but not in the same family tree (gotra) or bloodline (Parivara).

    Folklore

    Main article: Incest in folklore

    Popular culture

    See also

    Notes

    1. ^ Kinship, Incest, and the Dictates of Law, by Henry A. Kelly, 14 Am. J. Juris. 69
    2. ^ Incest: The Nature and Origin of the Taboo, by Emile Durkheim (tr.1963)
    3. ^ Maurice Godelier, Métamorphoses de la parenté, 2004
    4. ^ New Left Review - Jack Goody: The Labyrinth of Kinship. Retrieved on 2007-07-24.
    5. ^ Elementary Structures Of Kinship, by Claude Lévi-Strauss. (tr.1971).
    6. ^ Child Sexual Abuse and the State, by Ruby Andrew, UC Davis Law Review, vol. 39, 2006.
    7. ^ Online Etymology entry for 'incest'
    8. ^ Oxford Concise Dictionary of Etymology, T.F. Hoad (ed.) (1996), p232
    9. ^ CHILD AND ADOLESCENT SEXUALITY
    10. ^ List of states with incest loopholes
    11. ^ Marriage Act 1961 s 5.
    12. ^ Marriage Act 1961 s 23B.
    13. ^ 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..
    14. ^ Marriage Act 1961 s 11.
    15. ^ http://www.berlingske.dk/udland/artikel:aid=870966
    16. ^ Sky News "Challenge To Incest Laws".
    17. ^ BBC News "Couple Stand by Forbidden Love".
    18. ^ 'زنای با محارم از مشکلات پیش روی کودکان در ایران' - BBC Persian: Incest paedophilia, one of great challenges of Iranian Children.

    References

    • Adams, Kenneth, M., Silently Seduced: When Parents Make Their Children Their Partners, Understanding Covert Incest, HCI, 1991.
    • Adams, Kenneth, M., When He's Married to His Mom: How to Help Mother-Enmeshed Men Open Their Hearts To True Love, Fireside, 2007.
    • Anderson, Peter B., and Cindy Struckman-Johnson, Sexually Aggressive Women: Current Perspectives and Controversies, Guilford, 1998.
    • Bagnall, Roger S. and Bruce W. Frier, The demography of Roman Egypt: Cambridge, 1994
    • Bixler, Ray H. "Comment on the Incidence and Purpose of Royal Sibling Incest," American Ethnologist, 9(3) (Aug. 1982), pp. 580-582.
    • Blume, E. Sue, Secret Survivors: Uncovering Incest and its Aftereffects in Women, Ballantine, 1991.
    • DeMilly, Walter, In My Father's Arms: A True Story of Incest, University of Wisconsin Press, 1999.
    • Elliot, Michelle, Female Sexual Abuse of Children, Guilford, 1994.
    • Forward, Susan (1990). Toxic Parents: Overcoming Their Hurtful Legacy and Reclaiming Your Life. Bantam. ISBN 0-553-28434-7. 
    • Jack Goody A Comparative Approach to Incest and Adultery The British Journal of Sociology, Vol. 7, No. 4 (Dec., 1956), pp. 286-305 doi:10.2307/586694
    • Gil, Eliana, Treating Abused Adolescents, Guilford, 1996.
    • Herman, Judith, Father-Daughter Incest, Harvard University Press, 1982.
    • Hislop, Julia, Female Sexual Offenders: What Therapists, Law Enforcement, and Child Protective Services Need to Know, Issues, 2001.
    • Hopkins, Keith, Brother-Sister Marriage in Roman Egypt, Comparative Studies in Society and History 22: 303-354, 1980
    • Leavitt, G. C. "Sociobiological explanations of incest avoidance: a critical claim of evidential claims", American Anthropologist 92: 971-993, 1990
    • Lew, Mike, Victims No Longer: Men Recovering from Incest and Other Sexual Child Abuse, Nevraumont, 1988.
    • Lewis, Naphtali, Life in Egypt under Roman Rule: Oxford, 1983
    • Lobdell, William, "Missionary's Dark Legacy," Los Angeles Times, Nov. 19, 2005, p. A1.
    • Love, Pat, Emotional Incest Syndrome: What to Do When a Parent's Love Rules Your Life, Bantam, 1991.
    • Méndez-Negrete, Josie, Las hijas de Juan: Daughters Betrayed, Duke University Press, 2006. ISBN 978-0-8223-3896-3
    • Miletski, Hani, Mother-Son Incest: The Unthinkable Broken Taboo, Safer Society, 1999.
    • Miller, Alice, That Shalt Not Be Aware: Society's Betrayal of the Child, Farrar Strauss Giroux, 1983.
    • Pryor, Douglass, Unspeakable Acts: Why Men Sexually Abuse Children, New York University Press, 1996.
    • Rosencrans, Bobbie, and Eaun Bear, The Last Secret: Daughters Sexually Abused by Mothers, Safer Society, 1997.
    • Scruton, Roger, Sexual Desire: A Moral Philosophy of the Erotic, Free Press, 1986.
    • Shaw, Brent D., Explaining Incest: Brother-Sister Marriage in Graeco-Roman Egypt, Man, New Series, Vol. 27, No. 2 (Jun., 1992), pp. 267-299 JSTOR article
    • Shaw, Risa, Not Child's Play: An Anthology on Brother-Sister Incest, Lunchbox, 2000.
    • Tyldesley, Joyce, Ramesses: Egypt's Great Pharaoh: London, 2000.

    External links

    Support organizations

    • RAINN Rape, Abuse, and Incest National Network National, toll-free hotline for victims of sexual assault: 1-800-656-HOPE
    • Survivor Matters - Support forum created by survivors for survivors to discuss issues and gain support from each other
    • After Silence, online support group, message board and chat room for survivors of rape, incest and sexual abuse.
    • Pandora's Aquarium, online support group, message board, and chat room for survivors of sexual violence, including incest, and their supporters.
    • VOICES in Action Victims Of Incest Can Emerge Survivors, an international organization providing assistance to adult and adolescent victims of child sexual abuse and trauma.
    • The Awareness Center, Inc. The Jewish Coalition Against Sexual Abuse/Assault (JCASA)
    • Making Daughters Safe Again Online resources for mother-daughter incest survivors.
    • SASIAN Sibling Abuse Survivors Information and Advocacy Network
    • SIA Survivors of Incest Anonymous World Service Office, Inc. links many independent SIA 12-step support groups around the world.

    Published articles

    • Child Sexual Abuse and the State by Ruby Andrew, UC Davis Law Review, vol. 39, 2006. Discusses U.S. incest laws in cases where victim is a minor.
    • Forbidden Fruit by John Dougherty, Phoenix New Times, Dec. 29, 2005. Intrafamilial child sexual abuse in Arizona-Utah polygamist community.
    • The Gentle People by Nadya Labi, Legal Affairs, Jan. 2005. Intrafamilial child sexual abuse in Amish community.
    • The Incest Loophole by Andrew Vachss, New York Times, Nov. 20, 2005. Sentencing incest perpetrators when victim is a minor.

    Situation in other countries

    Statistics


     
    Translations: Incest

    Dansk (Danish)
    n. - blodskam

    Nederlands (Dutch)
    incest, bloedschande

    Français (French)
    n. - inceste

    Deutsch (German)
    n. - Inzest, Blutschande

    Ελληνική (Greek)
    n. - αιμομιξία

    Italiano (Italian)
    incesto

    Português (Portuguese)
    n. - incesto (m)

    Русский (Russian)
    кровосмешение

    Español (Spanish)
    n. - incesto

    Svenska (Swedish)
    n. - incest

    中文(简体) (Chinese (Simplified))
    近亲相奸, 乱伦

    中文(繁體) (Chinese (Traditional))
    n. - 近親相姦, 亂倫

    한국어 (Korean)
    n. - 근친 상간, 상피

    日本語 (Japanese)
    n. - 近親相姦

    العربيه (Arabic)
    ‏(الاسم) سفاح القربى‏

    עברית (Hebrew)
    n. - ‮גילוי עריות‬


     
     

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