Law Incest

Law Incest

Log In
Sign Up

Justia Connect
Pro Membership
Basic Membership

Justia Lawyer Directory
Platinum Placements
Gold Placements

Justia Elevate
SEO
Websites
Blogs

Justia Amplify
PPC Management
Google Business Profile
Social Media

Criminal Law

Aggravating and Mitigating Factors in Criminal Sentencing

Bail and Bonds

Restitution for Crime Victims

Plea Bargains

Receiving Immunity for Testimony in a Criminal Case

Classification of Criminal Offenses

Common Criminal Defenses

Criminal Procedure

Types of Criminal Offenses

Drug Crimes

Homicide

Criminal Attempt, Conspiracy, and Aiding and Abetting

Federal Crimes, Cybercrimes, and Juvenile Crimes

Cybercrimes

Federal Crimes

Juvenile Crimes

Evading the Police

Criminal Trespass

Disorderly Conduct

Incest

Animal Cruelty and Neglect

Sex Crimes

Theft Crimes

Traffic Offenses

Violent Crimes

White Collar Crimes

Alcohol Crimes

Parole and Probation

Expungement and Sealing of Criminal Records

Offenses Included in Other Crimes

The Mental State Requirement in Criminal Cases

Derivative Responsibility for Crimes

Working with a Criminal Lawyer

Criminal Law FAQs

Domestic Violence Restraining Orders Forms: 50-State Resources

50-State Survey on Abortion Laws

Gun Laws 50-State Survey

Find a Criminal Law Lawyer

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.

Criminal Law Contents

Legal Disclaimer: The content appearing on our website is for general information purposes only. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. The law is also subject to change from time to time and legal statutes and regulations vary between states. It is possible that the law may not apply to you and may have changed from the time a post was made. All information available on our site is available on an "AS-IS" basis. It is not a substitute for professional legal assistance. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising.
© Copyright 1995 - 2015 TheLaw.com LLC. All Rights Reserved
TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.
The crime of sexual intercourse or cohabitation between a man and woman who are related to each other within the degrees wherein marriage is prohibited by law. Incestuous adultery. The elements of this offense are that defendant, being married to one person, has had sexual intercourse with another related to the defendant within the prohibited degrees. Cook v. State, 11 Ga. 53, 56 Am. Dec. 410. Incestuous bastardy. Incestuous bastards are those who are produced by the illegal connection of two persons who are relations within the degrees prohibited by law. Civ. Code La. art 183.
Can't find the legal word, term, phrase or abbreviation that you're seeking in our dictionary? Add or request a definition by filling out the short form below!

Firefox 53 is no longer supported. Some features of this site may not display correctly.

About Us

News Center

News Center

Blogs

For Media

JustGrants News & Updates

Justice Today Podcast

JUSTINFO Newsletter

Monthly Features

Multimedia

News Releases

Publications

Social Media

Speeches

Testimony

Grants/Funding

Grants/Funding

Applicant Resources

Opportunities & Awards

Recipient Resources

Become an OJP Peer Reviewer

For Congress

NCJRS Library

NCJRS Library

Search the Library Collection

New OJP Resources

OJP Publications

About NCJRS

Topics

Topics

Civil Rights

Corrections

Courts

Crime

Crime Prevention

Drugs & Substance Use

Forensic Sciences

Justice System

Juvenile Justice

Law Enforcement

Research, Statistics & Evaluation

Sex Offenders

Tribal Justice

Victims of Crime

Training

Training

Justice Events

Territories Financial Support Center (TFSC)

Tribal Financial Management Center (TFMC)

Data

Home

About NCJRS

Virtual Library

Child Abuse and Neglect Volume: 3 Issue: 3/4 Dated: SPECIAL ISSUE (1979) Pages: 679-682

THE LEGAL DEFINITION AND PROCESS, PUNISHMENT AND TREATMENT, INCIDENCE, AND RATIONALE FOR THE OFFENSE OF INCEST IN ENGLAND AND WALES ARE DISCUSSED.
CURRENTLY, IT IS AN OFFENSE IN ENGLAND AND WALES FOR A MAN TO HAVE SEXUAL INTERCOURSE WITH A WOMAN WHO HE KNOWS TO BE HIS GRANDDAUGHTER, DAUGHTER, SISTER, OR MOTHER. IT IS ALSO AN OFFENSE FOR A WOMAN 16 YEARS OF AGE OR OVER TO PERMIT HER GRANDFATHER, FATHER, BROTHER, OR SON TO HAVE SEXUAL INTERCOURSE WITH HER BY CONSENT. INCEST IS PUNISHABLE BY IMPRISONMENT NOT EXCEEDING 7 YEARS; HOWEVER, IF THE INCEST IS WITH A GIRL UNDER 13 YEARS OF AGE, IMPRISONMENT MAY BE FOR LIFE. THE PUNISHMENT FOR ATTEMPTED INCEST IS IMPRISONMENT NOT EXCEEDING 2 YEARS. NO PROSECUTIONS FOR INCEST MAY BE INITIATED WITHOUT THE APPROVAL OF THE DIRECTOR OF PUBLIC PROSECUTIONS. OF 57 CASES OF FATHER-DAUGHTER INCEST NONCUSTODIAL SENTENCES WERE IMPOSED IN ONLY 9 PERCENT OF THE CASES. IN 12 CASES OF BROTHER-SISTER INCEST, IMPRISONMENT WAS IMPOSED IN ONLY 4 CASES. TREATMENT FOR THE OFFENDER IS RARELY AVAILABLE EVEN WHEN CLEARLY APPROPRIATE. CRIMINAL STATISTICS FOR ENGLAND AND WALES SHOW THAT ABOUT 3
Teen Drink Sperm
Fender American Vintage
Voyeur Wife Hidden

Law Incest

Report Page