Incest laws are statutorily defined criminal offenses which typically are classified as felonies. Consequently, if one is found guilty of committing felonious incest, one usually can serve at least one year in prison. The policy reason for incest laws is rooted in public policy to avoid genetic disorders and diseases caused due to inbreeding.
Criminal Charges for Committing Incest
Every jurisdiction’s incest charges vary. Many state statutes indicate that incest arises based upon the affinity of the individuals involved; therefore, incest will arise between a parent and child, between siblings or between first cousins. However, other jurisdictions include more distant relationships in its incest statutes. For instance, step-parent and step-child relationships may constitute the basis for a criminal charge of incest.
What is Considered Incest?
While every state differs in how the state defines incest, there are generally certain types of incest. Many laws indicate that the crime does not arise unless all of the parties involved gave consent to the activity. Therefore, if the sexual contact involved force, the state will treat the action as rape as opposed as incest.
Pressing Charges for Incest
If one seeks to press charges for incest, it is important to ascertain the statute of limitations for filing the charges. Once one has confirmed that the charges can be filed, one must visit the police department in order to make a formal statement. Thereafter, an investigation will occur and the police will work with the district attorney’s office in order to determine whether there is sufficient evidence to proceed.
Defending Against an Incest Charge
When defending against an incest charge, it is crucial to consult with an experienced criminal defense attorney who can assist in formulating the most beneficial defense possible. It is important to note that certain defenses will not stand up in a court of law. These defenses include the following:
- the individual/s involved had a promiscuous past
- the individual/s were voluntarily drunk
- the individuals were morally insane
- the individual/s had an uncontrollable impulse
Help from a Lawyer
If one is involved in a matter involving incest, one should consult with a criminal defense attorney as soon as possible. Not only can an experienced attorney assist in preserving one’s rights, but also an attorney can use their expertise to obtain a favorable plea bargain, minimize any prison time or reduce a proposed fine.
