Illegal Incest

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Illegal Incest



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Sexual relations between family members who are not spouses, formally known as incest, is illegal across the U.S. because of the harm that it can cause to family relationships. States also recognize that children from incestuous relationships tend to struggle with genetic defects, which is another reason for prohibiting incest. Laws may prohibit sexual relations not only between blood relatives but also between certain people who are not blood relatives, such as adopted parents and children, stepparents and stepchildren, and foster parents and foster children. Close cousins are covered, but distant cousins may not be, unless they live in the same household like siblings. Meanwhile, some states outlaw marriages between close relatives, even if they do not involve sexual relations.


Incest often can be charged as a violation of a different law, such as child abuse, child molestation, rape, or statutory rape. A prosecutor can choose which type of charge to bring. Also, if a relationship does not technically qualify as incest under the definition in that state, the prosecutor may be able to charge the defendant with a different sex crime instead.

Consent is not a defense to incest.

A prosecutor can bring an incest charge against someone who knowingly engaged in sexual relations with the type of person covered by the incest law. If they tried to engage in sexual relations, but no intercourse actually happened, a prosecutor might bring an attempted incest charge. A defendant cannot defeat a charge on the basis that the other person consented. If the other person did not consent, the defendant might face a rape charge as well, which could lead to much more serious penalties. If the other person was below the age of consent, the defendant might face a statutory rape charge in addition to the incest charge.


If the people in the encounter were close in age, the prosecution typically can bring charges against each of them. If one person is much older than the other, such as a parent and a child, only the older person may face charges. They may be viewed as a perpetrator and the younger person as a victim. If both people were under the age of majority, the prosecution might bring the case in juvenile court.


There are few defenses in these cases, other than challenging whether the incident happened. One procedural defense that may arise is the statute of limitations. Sometimes a long time passes between the incident and its discovery. Like most crimes, incest is subject to a statute of limitations, which requires the prosecution to bring charges within a certain period after the crime occurred. A defendant may get the case dismissed if they can successfully show that the statute of limitations has expired.

Incest is generally subject to a statute of limitations and may not be charged if too long a time has passed since the occurrence.

Incest is often charged as a felony, as are crimes like rape and statutory rape that are related to it. This means that a defendant who is convicted may face years in prison. If it is charged as a misdemeanor, the defendant may spend several months in jail. Also, the judge may order the people involved in the incident to be separated. A child of a parent convicted of incest may be taken away and placed in foster care. If a conviction of a sex crime accompanies the incest conviction, the defendant may need to register as a sex offender.


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Horrifying map shows where incest is still legal in world - as France moves to ban it
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Most countries that have no strict laws against incest still prohibit sexual exploitation of minors - meaning many forms of incest would be illegal because it is considered statutory rape
France is set to outlaw incest as other countries in Europe still allow it.
Under French law, incest is only banned if children are involved however the government announced earlier this year they want to criminalise incestuous relationships even when both parties are over 18.
Until the law comes in, France joins Spain and Portugal as the only European countries without legislating prohibiting incest involving adults.
Campaigners say this "fails to protect children who could be born” of incestuous relationships - who are more likely to have genetic issues and abnormalities.
Incest was thrust into the national conversation in France last year following the publication of a harrowing book claiming a well-known political pundit had sexually abused his teen stepson in the 1980s.
Olivier Duhamel, 71, admitted the allegations but did not face prosecution because of the French statute of limitations.
While France looks to move to outlaw incest, other European countries have varying legislation surrounding it.
It is illegal in the UK and punishable by up to two years imprisonment for both parties (in the case of consensual adult intercourse).
Most countries that have no laws against incest still prohibit the sexual exploitation of minors - meaning many forms of incest would be illegal because it is considered statutory rape.
Some countries forbid incest between minors and adults, but if both parties are in a similar age category (both minors or both adults) it is not prohibited - this includes Serbia, Lithuania, and Slovenia.
In Spain and Netherlands, consensual incest is fully legal, but siblings may not marry - and this includes stepfamily members.
In Belgium and Luxembourg, there are no laws that prohibit consenting adults from engaging in an incestuous relationship.
Bizarrely, in Italy, incest is only illegal if it provokes a "public scandal" - and the punishment is up to eight years in prison, but can be increased for the older person if one of them was a minor.
In Portugal, there is no law specifically prohibiting incest.
Other countries prohibit incest if the couple is of the opposite sex but allow it they are of the same sex - which includes the Republic of Ireland.
It comes as incestuous siblings in Germany are calling for an end to laws banning their disturbing relationship.
Patrick Syuebing and his younger sister Susan Karolewski fell in love and had four children together.
They were reunited more than 20 years after he moved into a foster home in then East Germany when he was attacked by their father.
Six months after he rediscovered his biological family, the then 23-year-old and Susan, who is mentally disabled, started sharing a bedroom after the death of their mother, Ana Marie.
Their illegal pairing has produced four children, two of whom are severely disabled.
In 2001 the pair vowed to change Germany’s laws making sex between siblings illegal, which they took to the Court of Human Rights in 2012.
Patrick served two jail sentences for incest charges at that time.
There are currently 22 nations around the world which have not criminalised incest, including Argentina, Brazil, Japan, South Korea and Turkey.
The practice is punishable by death in the likes of Afghanistan, Iran, Saudi Arabia, the UAE and Nigeria.
In the US, incest laws vary by state, for example, in Idaho it is punished with life in prison and in New Jersey, incestuous relationships are tolerated as long as both parties are at least 12 years old.
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The image that is being circulated on social media.
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The screenshots shows an image of Biden over a headline that reads, "President Biden has officially lowered the age of consent to 8."
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President Biden has signed dozens of executive orders since assuming office on Jan 20, including executive actions that reversed the policies imposed by former President Donald Trump's administration.
Over the last couple of days, a social media post is being circulated online claiming Biden signed a new policy that would make incest legal across the country.
The post includes a screenshot of what appears to be an NBC headline that comprises of a photo of Biden standing in front of an American flag. The image is accompanied with the text, "BREAKING – Joe Biden signs executive order to legalize incest in all 50 states."
Fact-Check
There is no evidence to support the claim that Biden signed an executive order to deem incest legal across the United States. Biden has signed 29 executive orders less than a month into his presidency. The orders range from actions cancelling the permit for the Keystone XL Pipeline, ramping up vaccination supplies and developing an interagency group tasked with reunifying families that were separated at the border.
He also reversed many Trump administration policies, including commitments to rejoin the Paris Agreement on climate change, reversing the former president's military transgender ban, halting funding for the construction of Trump's border wall and repealing Trump's travel ban targeting Muslim countries.
A review of those executive orders confirms Biden did not authorize an executive action to legalize incest in any of the 50 states. Incest, as defined by Cornell Law School's Legal Information Institute is the sexual contact between close blood relatives.
The image in the social media post was traced to a news parody account called NBC on Instagram. The account is known for posting the "BREAKING" banner across photos of politicians, celebrities and athletes with a text headline of fake news below it. "This account is for jokes only, none of it is real," the Instagram profile notes.
Last week, a similar photo falsely claimed that Biden had lowered the age of sexual consent to 8 years, as previously reported .

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