Incest: The History Of Its Illegality

The laws regarding incest vary considerably between jurisdictions, but it is generally considered to be sexual activity between family members or close relatives. Incest laws may also involve restrictions on marriage, and when incest involves an adult and a child, it is considered a form of child sexual abuse.

In the United States, incest is criminalized in all but two states: Rhode Island and New Jersey. In the United Kingdom, incest is illegal in England and Wales under the Sexual Offences Act 2003, in Scotland under the Criminal Law (Consolidation) (Scotland) Act 1995, and in Northern Ireland under the Sexual Offences (Northern Ireland) Order 2008.

The history of incest laws can be traced back to the early sixth century when the concept of incest emerged in the canons of the Council of Orléans. However, it was in AD 517 that the first extensive canons on incest prohibitions were penned at the Burgundian Council of Epoan, led by Avitus of Vienne. This council issued canons explicitly forbidding marriage to a brother's widow, a deceased wife's sister, a mother-in-law, cousin, child of a cousin, an uncle's widow, and step-daughter.

The development of incest legislation in the Western church is well-documented, with several church councils weighing in to reiterate these new provisions. Eventually, incest legislation began to creep into the law codes of early medieval kings, demonstrating the complex interplay between the Church and the polycentric, relatively unstable courts of the post-Imperial west.

Today, incest remains a controversial topic, evoking visceral disgust and moral revulsion in many. While it is generally prohibited, there are still some jurisdictions where it is not explicitly illegal, and the enforcement of incest laws can vary.

Incest laws vary between jurisdictions

Incest laws vary significantly between jurisdictions, and they depend on the type of sexual activity, the nature of the family relationship, and the age and sex of the parties involved. The laws may also include restrictions on marriage, which also differ between jurisdictions.

In the United States, incest is criminalized in all but two states: Rhode Island and New Jersey. In Ohio, incest laws only apply if one party is a parental figure to the other. While incest between consenting adults is not a criminal offence in these three states, marriage is still not permitted. In most other states, sexual activity between lineal ancestors and descendants, siblings, and aunt-nephew, uncle-niece relationships is penalized as incest. However, the specific statutes and penalties vary widely. For example, in Massachusetts, Virginia, Texas, and Oregon, incest is punished with up to 20 years in prison, while in Colorado, Nevada, Montana, Idaho, and Michigan, incest can be punished with up to life imprisonment.

In Europe, incest laws also differ between countries. Some countries, like Albania, Norway, Poland, and Hungary, strictly prohibit incest. In contrast, countries like Belarus, Belgium, Estonia, Latvia, Lithuania, France, Russia, Spain, Ukraine, and Portugal allow consensual incest between adults. In Serbia, incest between consenting adults has been decriminalized since 2005, but incest between an adult and a minor relative or sibling is still penalized.

In Asia, incest laws also vary. In Hong Kong, sexual intercourse with close relatives, including grandparents, parents, siblings, and children, is illegal, with punishments of up to 20 years' imprisonment for male offenders and 14 years for female offenders. However, consensual same-sex incest is not addressed by the law. In Malaysia, incest is illegal and is punishable by whipping and imprisonment. The law also considers sexual intercourse with step-family members as incestuous.

In Oceania, incest laws differ between Australia and New Zealand. In Australia, federal marriage law prohibits marriage between ancestors and descendants or siblings, but sexual conduct between consenting adults is legal. However, what constitutes incest and the penalties vary between states and territories. In New Zealand, incest is defined as sexual connection between parents and children, grandparents and grandchildren, and siblings, whether biological or adopted. A conviction for incest carries a maximum penalty of 10 years' imprisonment.

Incest between consenting adults is illegal in most US states

Incest is defined as a sexual relationship between two closely related family members. The relationship between the two people is so close that they are unable to legally get married. Laws regarding incest vary considerably between jurisdictions, and depend on the type of sexual activity, the nature of the family relationship, and the age and sex of the parties involved.

In the United States, incest laws vary widely among jurisdictions regarding both the definition of the offense and penalties for its commission. In all but two states, incest is criminalized between consenting adults. In New Jersey and Rhode Island, incest between consenting adults is not a criminal offense, though marriage is not allowed in either state. In New Jersey, each person involved in the relationship must be at least 18 years old. In Rhode Island, the age of consent is 16 years old.

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. For example, in Ohio, incest laws "target only parental figures". The most severe penalties for incest are in Massachusetts, Virginia, Texas, Oregon, Georgia, Wisconsin, Colorado, Nevada, Montana, Idaho, and Michigan, where incest may be punished with up to 20 to 40 years in prison or even life imprisonment.

Additionally, state laws vary regarding half- and step-relatives and adopted relatives. Some states also prohibit intimate relations between aunts, uncles, nieces, nephews, and cousins. Furthermore, states have minimum age laws for marriage to help prevent child marriage, which could also help prevent incestuous relationships.

Incest is not always reported to outside parties and therefore not always prosecuted

Incest is defined as any sexual activity between close blood relatives, including step-relatives and family members who are forbidden by law to marry. It is a problem that can be seen in all social classes in developed and undeveloped societies. The World Health Organization classifies this problem as a silent health emergency.

The failure to report incest leaves the survivor in a dangerous situation and provides the offender with the opportunity to abuse others in the future. It is crucial to intervene when incest is suspected, and there are resources available to help survivors and their families navigate the process.

The harshest sentences for incest in the US are in Idaho, Kentucky, Montana and Nevada

Laws regarding incest vary considerably between jurisdictions, and depend on the type of sexual activity, the nature of the family relationship, and the age and sex of the parties involved. In the United States, incest is a criminal offence in most states, with varied degrees of criminalisation. While some states consider incest a felony, others may classify it as a misdemeanour or not recognise it at all.

The states with the harshest sentences for incest in the US are Idaho, Kentucky, Montana, and Nevada, where a penalty of up to life imprisonment may be given. In Idaho, incest laws apply to sexual intercourse, marriage, and adultery. Marriages between ancestors and descendants, (half-)siblings, and uncles/aunts and nieces/nephews are considered incestuous and void from the beginning. Sexual intercourse between these parties is a felony and can lead to life imprisonment. In Kentucky, only sexual relations with certain family members fall within the scope of incest laws. The person must knowingly enter into sexual relations with a known ancestor or descendant, (half-)sibling, or stepparent/stepchild. In Montana, incest laws apply to marriage, cohabitation, sexual intercourse, and other sexual contacts. Violations can lead to life imprisonment. Finally, in Nevada, marriage, fornication, and adultery all fall under the prohibition of incest. It applies to any family relationships that are closer than second cousins, including parents and children, grandparents and grandchildren, aunts/uncles and nieces/nephews.

Other states with severe penalties for incest include Massachusetts, Virginia, Texas, and Oregon, where incest is punishable by up to 20 years in prison, and Georgia, where the penalty is up to 30 years in prison. Wisconsin has the harshest maximum sentence, with up to 40 years in prison for incest.

In the UK, incest was criminalised in England and Wales in 1908

The 1908 Act was passed with two amendments. Firstly, it was ruled that the Director of Public Prosecutions must approve any prosecution, and secondly, that such trials must be held in camera, excluding the public and preventing the press from publishing anything about the criminal proceedings. The Act was relatively well-crafted, but what was considered "almost revolutionary" was the narrow range of relatives included. Intercourse between first and second blood relatives became a criminal offence, but, in effect, it was legitimised for "close kin" who could not marry due to affinal relations or because they were third-degree blood relatives.

The law was updated in 1956 with the Sexual Offences Act, which replaced the term 'carnal knowledge' with the more modern term 'sexual intercourse'. The two offences were updated again in 2003 with the Sexual Offences Act, which replaced the term 'incest' with 'familial sexual abuse' to reflect the looser structure of modern families. The 2003 Act also introduced a suite of new offences to deal with child sexual exploitation, placing more emphasis on those who abuse their position of trust.

Frequently asked questions