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Laws regarding incest (i.e. sexual activity between family members or close relatives) vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Besides legal prohibitions, at least some forms of incest are also socially taboo or frowned upon in most cultures around the world.
Incest laws may involve restrictions on marriage rights, which also vary between jurisdictions. When incest involves an adult and a child, it is considered to be a form of child sexual abuse.[1][2] When it is between two consenting adults, it is sometimes called consanguinamory.[3][4]
Laws regarding incest are sometimes expressed in terms of degrees of relationship. The degree of relationship is calculated by counting the number of generations back to a common ancestor. Consanguinity (but not affinity) relationships may be summarized as follows:
Most laws regarding prohibited degree of kinship concern relations of r = 25% or higher, while most permit unions of individuals with r = 12.5% or lower. In 24 states of the United States, cousin marriages are prohibited. Also, most laws make no provision for the rare case of marriage between double first cousins. Incest laws may also include prohibitions of unions between biologically unrelated individuals if there is a close legal relationship, such as adoption or step relations.
  Prison for opposite-sex couples, legal for same-sex couples
  Illegal only if it provokes public scandal
  Illegal (up to life imprisonment)
 Death penalty in Taliban-controlled territories[8]
Lineal ancestors and descendants
Siblings
Related by blood or adoption
Lineal ancestors and descendants
Full siblings
Relationship by consanguinity or affinity in such a way that they cannot legally marry except otherwise provided in other laws
Blood relatives prohibited by religious law
Child/parent or grandchild/grandparent
Full and half-siblings
Lineal ancestors and descendants
Full siblings
Lineal ancestors and descendants
Siblings
Related by blood or adoption
Lineal ancestors and descendants
Full siblings
Up to 6 years in prison (direct line)
Up to 2 years in prison (siblings)
Grandparent, parent, child or grandchild
Brother or half brother, sister or half-sister
Same-sex relations are always prohibited
Grandparent, parent, child or grandchild
Related by blood or adoption
Blood relatives whose marriage is prohibited by respective law
Same-sex relations are always prohibited
From 3 months to 3 years in prison[13]
 legal (for same-sex couples and if both under 18) /
 Illegal (for opposite-sex couples)
Lineal ancestors and descendants
Full and half-siblings
Up to 3 years in prison and fine
(not punished if both are minors)
Lineal ancestors and descendants
Full and half-siblings
More than 10 years in prison for the ascending relative if the descending relative is under 15 years old, imprisonment if 15 but not 18 years old, and up to 2 years in prison if 18 years and older
Up to 2 years in prison if siblings or half-siblings
Grandfather, father, brother, son (female)
Grandmother, mother, sister, daughter (male)
Up to 20 years in prison (male)
Up to 14 years in prison (female)
Lineal ancestors and descendants
Full and half-siblings
Up to 8 years in prison for ascending relative
Up to 12 years if descending relative is between 15 and 17 years old
Up to 4 years in prison for siblings
Nothing mentioned about incest in Indian laws but it's considered and punished as rape and sexual exploitation in most cases.
Aceh territory:
Up to 10 months in jail[14]
 Illegal (opposite-sex couples)
 Legal (same-sex couples)
Granddaughter, daughter, mother, sister or half-sister (male)
Grandfather, father, son, brother or half-brother (female)
Up to 10 years in prison (male and female)
Blood relatives prohibited by religious law
Step-mother
Underage relative by blood or adoption
 Illegal (if it provokes public scandal)
commits an indecent act upon or engages in sexual intercourse etc. with another person "under eighteen years of age by taking advantage of the influence arising from the fact of having custody of that person" [16]
From 6 months to 10 years in prison
Lineal ancestors and descendants
Half or full sibling
Uncle, aunt, nephew or niece of whole blood
Same-sex relations are always prohibited
Relatives prohibited by religious law
From 6 to 20 years in prison
Whipping
Lineal ancestors and descendants
Full or half-siblings
5+ years in prison (consensual)
10+ years (non-consensual)[19]
Lineal ancestors and descendants
Siblings
Stepfamily
wife or former wife of father, grandfather and further ancestors
Mother, grandmother and further ancestors
Daughter, granddaughter and further descendants
full or half-sister
parents' sisters, grandparents' sisters and further ancestors' sisters
daughter, granddaughter and further descendant of full or half-sibling
suckling ancestor
suckling sister
Mother, grandmother and further ancestors of wife or former wife
Daughter, granddaughter of wife or former wife
Wife or former wife of true son or grandson and further descendants
 Legal (for sexual activity if both over 18) / Illegal (marriage only)
Lineal ancestors and descendants
Full and half siblings
Collateral relatives by blood within the fourth civil degree
Lineal ancestors and descendants
Guardian or ward
Full, half and step-siblings
Underage relative by blood
Underage sibling
Daughter or son, mother or father, grandson or granddaughter, grandmother or grandfather
Sister or half-sister, brother or half-brother
Same-sex relations are always prohibited
Underage lineal relative
Underage sibling
Lineal ancestors and descendants
Within the first degree of consanguinuity
Within the first degree of affinity
Adoptive parent/child
Up to 3 years in prison and fine
(not punished if both are minors)
Lineal ancestors and descendants
Half or full sibling, uncle, aunt, niece, nephew
Same-sex relations are always prohibited
Lineal ancestors and descendants
Full siblings
Lineal ancestors and descendants
Full siblings
Lineal ancestors and descendants or their spouses
Sister, brother or their children, aunt or uncle
Same-sex relations are always prohibited
 Death penalty if same-sex relations;
Additional punishment of up to 5 years in prison otherwise[22]
Lineal relatives by blood
Collateral relatives within the third degree of relationship by blood
Granddaughter, daughter, sister or mother (male)
Grandfather, father, brother or son (female)
Same-sex relations are always prohibited
Grandmother, mother, half or full sister, daughter, granddaughter, wife's mother, wife's daughter, aunt, sibling's daughter, son's wife, cousin, father's wife (male)
Grandfather, father, half or full brother, son, grandson, husbands's father, husband's son, uncle, sibling's son, daughter's husband, cousin, mother's husband (female)
Same-sex relations are always prohibited
Up to 7 years in prison
Up to life imprisonment if relative is below 18[24]
Blood relatives prohibited by religious law
Parent, grandparent, child, grandchild
Brother, sister, half-brother, half-sister
Uncle or aunt
Nephew or niece
Up to 2 years imprisonment for sex between adult relatives (penetration)[26]
Up to 14 years imprisonment for sexual activity with a child family member[27]
Granddaughter, daughter, sister, mother (male)
Grandfather, father, brother, son (female)
Same-sex relations are always prohibited
Consensual incest between adults is legal in Côte d'Ivoire (Ivory Coast).[29]
In South Africa, since 2007, incest is the sexual penetration between persons who are related as follows:
Before 2007, incest was a common law offence which extended to the same degrees of relationship but which applied only to vaginal intercourse.[31]
In Zimbabwe, most forms of incest are illegal and an offender is currently liable to a fine up to or exceeding level fourteen (about US$5000) or imprisonment for a period not exceeding five years or both.[32] Incest is classified as "sexual intercourse within a prohibited degree of relationship".[33] A prohibited degree of relationship would be that of a parent and his or her natural or adoptive child, a step-parent and his or her step-child, whether the step-child's parent and step-parent are married under the Marriage Act [Chapter 5:11] or the Customary Marriages Act [Chapter 5:07], or are parties to an unregistered customary law marriage, and whether or not the child was over the age of eighteen years at the time of the marriage; a brother and sister, whether of whole or half blood; or an uncle and his niece; or a grand-uncle and his grand-niece; or an aunt and her nephew; or a grand-aunt and her grand-nephew; or a grandparent and his or her grandchild and any person and his or her first or second cousin. In cases of first and second cousins an individual charged with such a crime can raise a defense that the cultural or religious customs or traditions of the community to which he or she belongs do not prohibit marriage between first or second cousins; or in the case of a person who is a member of a community governed by customary law, that the cultural or religious customs or traditions of the particular community to which he or she belongs do not prohibit marriage between first or second cousins.
In Argentina, incest is legal if both individuals are over the minimum age of consent.[34] Marriage between third-degree relatives and beyond is allowed, with the exception of marriage involving lineal ancestors and descendants, which is considered null and void disregarding the degree of separation (parent/offspring, grandparent-grandchild).[35]
Brazil has no criminal punishment if the involved are over the age of 14 (the clear age of consent in force; before 2011, though, sex with people as young as 12 and as elder as 17 was in a legal grey area, with legal guardian-reported sex with those aged 12 and 13 being prosecuted as statutory rape, but unlike as with those aged 11 and younger not directly prosecuted by the State without a report by either the legal guardians or the adolescents themselves—unlike now, where the police forces prosecute all statutory rape-related cases without distinction—, and legal guardian-reported sex with those aged 14, 15, 16 and 17 being prosecuted as corruption of minors, but prosecution as corruption of minors for non-commercial consented sexual activity between people out of a defined hierarchy fell), capable of acting upon their legal rights, and that consent means that the relationship is absent of any kind of coercion or fraud.[citation needed]
First cousin marriages, once fairly common in some regions in the 19th century, are allowed on demand as all other marriages, while avunculate ones (those between uncles or aunts and nephews or nieces), the preferred by some Amazonian Amerindian tribes, and those between half-siblings, are allowed provided that those contracting it have a health check.[36][37][38] Marriages between parents and their children (both consanguineous and adoptive) or between siblings (both consanguineous and adoptive) are invalid, but, as stated above, non-rape sexual relationships between persons older than the age of consent are likely otherwise treated legally as all others, irrespectively of consanguinity (information over the possibility or validity of uniões estáveis in such situations are nevertheless unclear or unexistent, but since those in these relationships are already consanguineous and thus inherently inside a legal family entity, the rights offered by such unions—recognizing a family entity between unrelated single persons—are most likely pointless, with the exceptional cases being only the remote possibility of people who were adopted contracting a relationship with a biological close family member).
Brazilian law, by the Article 1521 of the Civil Code, also extends the invalidity of marriage between parents and children to grandparents and grandchildren or any other sort of ascendant-descendant relationship (both consanguineous and adoptive), parents-in-law and children-in-law even after the divorce of the earlier couple (see affinity), as well as to stepparents and stepchildren, and former husbands or wives to an adoptive parent who did this unilaterally (regarded as an equivalent, in families formed by adoption, to stepparents and stepchildren); and extends the invalidity of marriage between siblings to biological cousin-siblings.[37][38] It also formerly prohibited the avunculate marriages and extended the prohibition for marriage between siblings to half-siblings, both cited above, but the Decrete Law 3.200/1941 made marriage possible for those non-ascended/descended in consanguinity of third degree (25%) provided both have health checks.[37][38]
Brazilian law never held marriages between double first cousins as a reason for invalidity, even though those have a consanguinity as strong as that of half-siblings, and those, as other first cousins, are not asked health checks to marry, doing so in the same way as non-related people. Also legally treated much like non-related people are stepsiblings, while those who are stepsiblings and half-siblings (that is, those who have a half-sibling who is also child of a latter married spouse of one's parent) are treated like half-siblings who are not stepsiblings, being demanded health checks before marrying.
Under Canadian federal law, incest is defined as having a sexual relationship with a sibling (including half-sibling), child/parent or grandchild/grandparent, requiring knowledge of the existence of the blood relationship. Everyone who commits incest is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and, if the other person is under the age of 16 years, to a minimum punishment of imprisonment for a term of five years..[39]
In Chile, incest between lineal ancestors and descendants and between full siblings is prohibited. It is punishable by up to 1 year in prison.[citation needed]
In Mexico, The crime of incest when the ancestors have sexual relations with their descendants will be punished with a sentence of one to six years in prison.[40]
Laws regarding incest in the United States vary widely among jurisdictions regarding both the definition of the offense and penalties for its commission. The laws regarding incest in the United States article summarizes these laws for individual U.S. states and the District of Columbia.
In the United States, the District of Columbia and every state and inhabited territory have some form of codified incest prohibition. In most states, sexual activity between a lineal ancestor and a lineal descendant (parent, grandparent with child or grandchild), siblings (brother-sister) and aunt-nephew, uncle-niece is penalized as incest. However, individual statutes vary widely. Rhode Island has repealed its criminal incest statute,[41] and only criminalizes incestuous marriage.[42][43] Ohio "targets only parental figures",[41] and New Jersey does not apply any penalties when both parties are 12 years of age or older.[29][41] The most severe penalties for incest are in Massachusetts, Virginia, Texas and Oregon, which punishes incest with up to 20 years in prison, Georgia where a penalty for incest is up to 30 years in prison, Wisconsin where the penalty for incest is up to 40 years in prison, and in the states of Colorado, Nevada, Montana, Idaho and Michigan where a penalty of up to life imprisonment for incest may be given.
In some states, sex between first cousins is prohibited (see cousin marriage law in the United States by state for cousin sex, as well as cousin marriage, being outlawed in some states). Many states also apply incest laws to non-blood relations, including stepparents, stepsiblings, in-laws and people related through adoption.[44]
Criminal Law of the People's Republic of China[45] Chapter 4 prohibit rape and sexual assault, but not consensual incest.
In Hong Kong, it is illegal to have sexual intercourse with certain close relatives, even if they are consenting adults. The prohibited relationships are grandfather-granddaughter, father-daughter, brother-sister and mother-son. Punishment is up to 20 years' imprisonment for male offenders and up to 14 years' imprisonment for female offenders.[46] The law does not cover sexual intercourse with more distant relatives, such as an aunt, uncle, niece, nephew and cousin. It only addresses male-on-female and female-on-male sexual intercourse, and it appears that consensual same-sex incest is not illegal. The law makes an assumption that a female below the age of 16 has no ability to consent to sexual intercourse, therefore a female below 16 cannot commit incest.
On 5 December 2019, the Law Reform Commission of Hong Kong ("LRC") published a report on Review of Substantive Sexual Offences making final recommendations for the reform of substantive sexual offences in the Crimes Ordinance (Cap 200). It recommended that "the offence of incest should be reformed to become gender neutral; to cover all penile penetration of the mouth, vagina and anus and other forms of penetration; and be extended to cover uncles (aunts) and nieces (nephews) who are blood relatives as well as adoptive parents"[47]
The Indian Penal Code (IPC) does not contain any specific provision against incest and also there is no law to support incest relationships, but there are general provisions relating to sexual abuse of children by their custodian, such as a parent or teacher.[48][49] More over the rule of kinship or marriage is governed by the different marriage laws.[citation needed]
Consensual incest between adults is legal in Japan.[50] However, Article 179 of Penal Code stated that a person who "commits an indecent act upon" or "engages in sexual intercourse, etc." with another person "under eighteen years of age by taking advantage of the influence arising from the fact of having custody of that person" is punished in the same manner as prescribed in Article 176 ("Indecency through Compulsion") ie imprisonment for not less than 6 months but not more than 10 years. [16]
The Criminal Act does not prohibit consensual incest.[51] Starting from 20 August, 2019, ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT, ETC. OF SEXUAL CRIMES[52] stipulated that a person who rapes (i.e. through violence or intimidation, has sexual intercourse with) another person in a consanguineous or marital relationship (relatives by blood or marriage within the fourth degree or residing together, including a de facto relationship) shall be punished by imprisonment for a fixed term of at least 7 years, which is heavier penalty than that targeting raping in general (at least 3 years imprisonment) stipulated by the Criminal Act.
According to Macau's civil code, people in direct line kinship or in the secon
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