Incest, according to incest laws, is defined as sexual relations between relatives who are closely related. It is illegal in many jurisdictions. Specific definitions and punishments vary by state. When incest involves a child, it is considered child sexual abuse. Blood-relatives that generally fall under incest statutes include: father, mother, grandfather, grandmother, brother, sister, aunt, uncle, niece, nephew, and in some jurisdictions, first cousins. Incest laws also apply to non-blood relatives in most jurisdictions, including stepparents, step-siblings, and in-laws.
Incest is often classified as a felony offense. The purpose of incest laws is to prevent sexual activity between individuals who are closely related. Genetic considerations are part of the public policy prohibiting marriages between close relatives. Inbreeding has been shown to lead to birth defects being perpetuated.
Requisite Relationships
The degrees of kinship requisite to constitute incest vary among the states. Intermarriage and sexual intercourse are also often prohibited between individuals who are related by half-blood, including brothers, sisters, uncles and nieces.
In several states, incest statutes apply to relationships between individuals related by marriage. Sexual relations between stepfathers, stepdaughters, stepmothers, stepchildren, and brothers and sisters-in-law, are punishable as incest under such state laws. The relationship must exist at the time the intermarriage or sexual intercourse for it to constitute incest. Also, upon death or divorce of the foundational marriage, such a relationship (step or in-law) ceases to exist, making sexual relations or marriage legal.
Some statutes require that the person accused of incest must have had knowledge of the relationship to be prosecuted for incest. It is not necessary to prove sexual intercourse in cases of intermarriage for states where intermarriage is prohibited. The intermarriage itself is the crime in such states, and the sexual act is presumed.
Punishment
Punishment for incest varies from state to state. The following factors will be considered when determining the length and severity of sentencing for incest:
• Degree of relationship (how closely the individuals are related);
• Age of the individuals involved;
• Whether one of the parties was a minor;
• Whether other crimes are charged in conjunction with incest;
• Prior criminal convictions; and
• Other mitigating circumstances.
Crimes against children are usually severely prosecuted. Thus, if the incest involved a minor, the chances of harsher punishment including sex offender registration and lengthy prison terms are greater.
Getting Legal Help
An attorney can help you if you are facing a possible incest conviction. Discuss your case with an experienced criminal defense attorney in your state to protect your rights. An attorney will handle the legalities of your case for you and advise you of your options.
