Revision as of 10:50, 13 April 2008 edit211.28.54.80 (talk) →Australia← Previous edit | Revision as of 10:54, 13 April 2008 edit undoSeattleJoe (talk | contribs)74 edits major changes to clarify consent/child abuse distinctionNext edit → | ||
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'''Incest''' is defined as ] or any form of sexual activity between closely related persons, especially within immediate family. The term ''incest'' can refer to sexual activity between family members of either ], and can include family members of any age. Which family members constitute those covered by the incest prohibition is determined by the ] in which the persons live. Some societies consider it to include only those related by ] or those who live in the same ]; other societies further include those related by ], ], or ].<ref>''Elementary Structures Of Kinship,'' by Claude Lévi-Strauss. (tr.1971).</ref> | '''Incest''' is defined as ] or any form of sexual activity between closely related persons, especially within the immediate family. The term ''incest'' can refer to sexual activity between family members of either ], and can include family members of any age. Which family members constitute those covered by the incest prohibition is determined by the ] in which the persons live. Some societies consider it to include only those related by ] or those who live in the same ]; other societies further include those related by ], ], or ].<ref>''Elementary Structures Of Kinship,'' by Claude Lévi-Strauss. (tr.1971).</ref> | ||
The majority of incest cases reported are between adults and prepubescent or adolescent children, and particularly between fathers or other male relatives, and girls. This is a form of ]<ref name= Wolf170/> that has been shown to be one or the most extreme forms of childhood trauma, a trauma which often does serious and long-term psychological damage, especially in the case of parental incest.<ref name= Courtois>{{cite book|title=Healing the Incest Wound: Adult Survivors in Therapy|last= Courtois|first=Christine A.|publisher=W. W. Norton & Company|pages=p208|year=1988|isbn= 0393313565}}</ref> | |||
Consensual mutually-desired incest is very rare, found almost exclusively where kin were separated early in life and therefore did not experience early association and the related development of the natural adaptation for incest avoidance. <ref name= Wolf170>{{cite book|title=Inbreeding, Incest, and the Incest Taboo: The State of Knowledge at the Turn of the Century |first= Arthur P. |last=Wolf |coauthors=William H. Durham |year= 2004 |publisher=Stanford University Press |pages=p170-172|isbn=0804751412}}</ref> | Consensual mutually-desired incest is very rare, found almost exclusively where kin were separated early in life and therefore did not experience early association and the related development of the natural adaptation for incest avoidance. <ref name= Wolf170>{{cite book|title=Inbreeding, Incest, and the Incest Taboo: The State of Knowledge at the Turn of the Century |first= Arthur P. |last=Wolf |coauthors=William H. Durham |year= 2004 |publisher=Stanford University Press |pages=p170-172|isbn=0804751412}}</ref> | ||
Consensual incest is seen by some as a ] |
Consensual incest between adults is almost universally criminalized, although it is seen by some as a ].<ref name="spiegel">{{citeweb|url=http://www.spiegel.de/international/germany/0,1518,540831,00.html|title="German High Court Takes a Look at Incest"|author=Hipp, Dietmar|date=2008-03-11|publisher=''Der Spiegel''|accessdate=2008-04-12|}}</ref> | ||
⚫ | On the other hand, according to the ] a large proportion of ] committed in the United States is perpetrated by a family member: | ||
⚫ | Virtually all societies have some form of incest avoidance.<ref>Brown, Donald E., ''Human Universals''. New York: McGraw-Hill, 1991, p. 118-29</ref><ref name=Turner/> The ] is one of the most common of all taboos. Most modern societies have legal or social restrictions on closely consanguineous marriages.<ref>''Kinship, Incest, and the Dictates of Law,'' by Henry A. Kelly, 14 Am. J. Juris. 69</ref> Although not universal, incest constitutes a cultural ] in most current nations and many past societies,<ref>''Incest: The Nature and Origin of the Taboo,'' by Emile Durkheim (tr.1963)</ref> with legal penalties in some places. In some societies, like ], brother–sister, father–daughter and mother–son relations were practiced among royalty.<ref>], Métamorphoses de la parenté, 2004</ref><ref>{{cite web |url=http://newleftreview.org/?view=2592 |title=New Left Review - Jack Goody: The Labyrinth of Kinship |accessdate=2007-07-24}}</ref> | ||
⚫ | ==Forms of incest== | ||
===Non-consensual incest=== | |||
Non-consensual incest is a form of ]; when it involves an adult and a child, it is a form of ]; and when one child forces another child to engage in incest it is a form of ]. | |||
⚫ | |||
<blockquote> | <blockquote> | ||
Research indicates that 46 percent (46%) of children who are raped are victims of family members. (Langan and Harlow, 1994.) The majority of American rape victims (61%) are raped before the age of 18; furthermore, an astounding 29 percent (29%) of all forcible rapes occurred when the victim was less than 11 years old. Eleven percent (11%) of rape victims are raped by their fathers or step-fathers, and another 16 percent (16%) are raped by other relatives. <ref> | Research indicates that 46 percent (46%) of children who are raped are victims of family members. (Langan and Harlow, 1994.) The majority of American rape victims (61%) are raped before the age of 18; furthermore, an astounding 29 percent (29%) of all forcible rapes occurred when the victim was less than 11 years old. Eleven percent (11%) of rape victims are raped by their fathers or step-fathers, and another 16 percent (16%) are raped by other relatives. <ref> | ||
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</blockquote> | </blockquote> | ||
Adults who |
Adults who who were incestuously victimized by adults in their childhood tend to suffer from low ], difficulties in interpersonal relationships, and ]; and are at an extremely high risk of many mental disorders including ], ], ], ], ], ], and ].<ref name= Courtois/><ref>{{cite book|title=Systemic Treatment of Incest: A Therapeutic Handbook|last= Trepper|first=Terry S.|coauthor=Mary Jo Barrett |publisher=Psychology Press|year=1989|isbn= 0876305605}}</ref><ref>{{cite book|title=Incest-Related Syndromes of Adult Psychopathology |first=Richard P.|last=Kluft |year=1990 |publisher=American Psychiatric Pub , Inc.|pages=p83,89 |isbn=0880481609}}</ref> | ||
⚫ | Virtually all societies have some form of incest avoidance.<ref>Brown, Donald E., ''Human Universals''. New York: McGraw-Hill, 1991, p. 118-29</ref><ref name=Turner/> The ] is one of the most common of all taboos. Most modern societies have legal or social restrictions on closely consanguineous marriages.<ref>''Kinship, Incest, and the Dictates of Law,'' by Henry A. Kelly, 14 Am. J. Juris. 69</ref> Although not universal, incest constitutes a cultural ] in most current nations and many past societies,<ref>''Incest: The Nature and Origin of the Taboo,'' by Emile Durkheim (tr.1963)</ref> with legal penalties in some places. In some societies, like ], brother–sister, father–daughter and mother–son relations were practiced among royalty.<ref>], Métamorphoses de la parenté, 2004</ref><ref>{{cite web |url=http://newleftreview.org/?view=2592 |title=New Left Review - Jack Goody: The Labyrinth of Kinship |accessdate=2007-07-24}}</ref> | ||
⚫ | ==Forms of incest== | ||
=== |
===Adult/Child incest=== | ||
{{Main|child sexual abuse}} | {{Main|child sexual abuse}} | ||
Incest perpetrated by an adult of either gender against a child is called "]". The most-often reported form of incest is of this inherently abusive form. Father-daughter and stepfather-daughter incest is most commonly reported, with most of the remaining reports consisting of mother/stepmother-daughter/son incest.<ref name=Turner /> Father-son incest is reported less often, however it is not known if the prevalence is less, because it is under-reported by a greater margin.<ref>{{cite book|title=Don't Tell: The Sexual Abuse of Boys |first=Michel |last=Dorais|coauthors=Translated by Isabel Denholm Meyer|year=2002 |pages=p24 |publisher=McGill-Queen's Press |isbn=0773522611}}</ref><ref>{{cite book|title=Healing the Incest Wound: Adult Survivors in Therapy |first=Christine A.|last= Courtois |year= 1988 |publisher=W. W. Norton & Company |isbn=0393313565}}</ref> Prevalence of parental child sexual abuse is difficult to assess due to secrecy and privacy; some estimates show 20 million Americans have been victimized by parental incest as children.<ref name=Turner /> | |||
] occurs when a parent relates to a child as a substitute for an adult partner. That child may become emotionally bonded to, and codependent with, the parent. Emotional incest usually occurs before physical parent-child incest. Even without physical sexual contact, the consequences to such "bonded" children include a lifetime of partnership difficulties, according to ] who wrote that this is a socially accepted form of child abuse in many countries.<ref></ref> | ] occurs when a parent relates to a child as a substitute for an adult partner. That child may become emotionally bonded to, and codependent with, the parent. Emotional incest usually occurs before physical parent-child incest. Even without physical sexual contact, the consequences to such "bonded" children include a lifetime of partnership difficulties, according to ] who wrote that this is a socially accepted form of child abuse in many countries.<ref></ref> | ||
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The ] reported that a counselling ] stated that a large percentage of the calls they handle deal with the issue of parental child abuse.<ref> {{cite web|url=http://www.bbc.co.uk/persian/iran/story/2007/09/070911_shr-childabuse.shtml|title='زنای با محارم از مشکلات پیش روی کودکان در ایران' - BBC Persian: Incest paedophilia, one of great challenges of Iranian Children}}</ref> | The ] reported that a counselling ] stated that a large percentage of the calls they handle deal with the issue of parental child abuse.<ref> {{cite web|url=http://www.bbc.co.uk/persian/iran/story/2007/09/070911_shr-childabuse.shtml|title='زنای با محارم از مشکلات پیش روی کودکان در ایران' - BBC Persian: Incest paedophilia, one of great challenges of Iranian Children}}</ref> | ||
===Childhood sibling incest=== | |||
] (i.e., "playing doctor") is not considered harmful or abnormal, but becomes ] when there is lack of consent, coercion, or simply an imbalance of power in the relationship. Childhood sibling-sibling incest is also considered to be widespread but rarely reported. The most commonly reported form of abusive sibling incest is abuse between an older brother and a younger brother or sister.<ref name=Turner /> | |||
Non-consensual sibling incest is also considered to be widespread but rarely reported, with the most common form of non-consensual sibling incest being abuse by an older brother of a younger brother or sister.<ref name=Turner /> Non-consensual incest between siblings who are both children, especially when there is a significant difference in age or other imbalance of power in the relationship, is a form of ]. | |||
According to a study by ], 10-15% of college students reported childhood sexual experiences with a brother or sister, mostly fondling of genitals rather than sexual intercourse. Of those, 30% reported negative reactions and 30% reported positive reactions; 25% of the reported experiences involved coercion and there was a correlation of coercion with the negative responses.<ref></ref> An observational study in 1993 found that 16 percent of the 930 adult women interviewed reported that they had been sexually abused by a sibling before they were 18 years old.<ref name=leder>{{cite news|title=Adult Sibling Rivalry: Sibling rivalry often lingers through adulthood | url=http://psychologytoday.com/articles/index.php?term=19930101-000023&page=1 |author=Jane Mersky Leder |work=Psychology Today |volume=Jan/Feb 93 |publisher=Sussex Publishers}}</ref> | According to a study by ], 10-15% of college students reported childhood sexual experiences with a brother or sister, mostly fondling of genitals rather than sexual intercourse. Of those, 30% reported negative reactions and 30% reported positive reactions; 25% of the reported experiences involved coercion and there was a correlation of coercion with the negative responses.<ref></ref> An observational study in 1993 found that 16 percent of the 930 adult women interviewed reported that they had been sexually abused by a sibling before they were 18 years old.<ref name=leder>{{cite news|title=Adult Sibling Rivalry: Sibling rivalry often lingers through adulthood | url=http://psychologytoday.com/articles/index.php?term=19930101-000023&page=1 |author=Jane Mersky Leder |work=Psychology Today |volume=Jan/Feb 93 |publisher=Sussex Publishers}}</ref> |
Revision as of 10:54, 13 April 2008
Incest is defined as sexual intercourse or any form of sexual activity between closely related persons, especially within the immediate family. The term incest can refer to sexual activity between family members of either gender, and can include family members of any age. Which family members constitute those covered by the incest prohibition is determined by the society in which the persons live. Some societies consider it to include only those related by birth or those who live in the same household; other societies further include those related by adoption, marriage, or clan.
The majority of incest cases reported are between adults and prepubescent or adolescent children, and particularly between fathers or other male relatives, and girls. This is a form of child sexual abuse that has been shown to be one or the most extreme forms of childhood trauma, a trauma which often does serious and long-term psychological damage, especially in the case of parental incest.
Consensual mutually-desired incest is very rare, found almost exclusively where kin were separated early in life and therefore did not experience early association and the related development of the natural adaptation for incest avoidance. Consensual incest between adults is almost universally criminalized, although it is seen by some as a victimless crime.
On the other hand, according to the National Center for Victims of Crime a large proportion of rape committed in the United States is perpetrated by a family member:
Research indicates that 46 percent (46%) of children who are raped are victims of family members. (Langan and Harlow, 1994.) The majority of American rape victims (61%) are raped before the age of 18; furthermore, an astounding 29 percent (29%) of all forcible rapes occurred when the victim was less than 11 years old. Eleven percent (11%) of rape victims are raped by their fathers or step-fathers, and another 16 percent (16%) are raped by other relatives.
Adults who who were incestuously victimized by adults in their childhood tend to suffer from low self-esteem, difficulties in interpersonal relationships, and sexual dysfunction; and are at an extremely high risk of many mental disorders including depression, anxiety, phobic avoidance reactions, somatoform disorder, substance abuse, borderline personality disorder, and complex post-traumatic stress disorder.
Virtually all societies have some form of incest avoidance. The incest taboo is one of the most common of all taboos. Most modern societies have legal or social restrictions on closely consanguineous marriages. Although not universal, incest constitutes a cultural taboo in most current nations and many past societies, with legal penalties in some places. In some societies, like Ancient Egypt, brother–sister, father–daughter and mother–son relations were practiced among royalty.
Forms of incest
Adult/Child incest
Main article: child sexual abuseIncest perpetrated by an adult of either gender against a child is called " intrafamilial child sexual abuse". The most-often reported form of incest is of this inherently abusive form. Father-daughter and stepfather-daughter incest is most commonly reported, with most of the remaining reports consisting of mother/stepmother-daughter/son incest. Father-son incest is reported less often, however it is not known if the prevalence is less, because it is under-reported by a greater margin. Prevalence of parental child sexual abuse is difficult to assess due to secrecy and privacy; some estimates show 20 million Americans have been victimized by parental incest as children.
Emotional incest occurs when a parent relates to a child as a substitute for an adult partner. That child may become emotionally bonded to, and codependent with, the parent. Emotional incest usually occurs before physical parent-child incest. Even without physical sexual contact, the consequences to such "bonded" children include a lifetime of partnership difficulties, according to Martyn Carruthers who wrote that this is a socially accepted form of child abuse in many countries.
The ISNA reported that a counselling hotline stated that a large percentage of the calls they handle deal with the issue of parental child abuse.
Childhood sibling incest
Sexual contact between children (i.e., "playing doctor") is not considered harmful or abnormal, but becomes child-on-child sexual abuse when there is lack of consent, coercion, or simply an imbalance of power in the relationship. Childhood sibling-sibling incest is also considered to be widespread but rarely reported. The most commonly reported form of abusive sibling incest is abuse between an older brother and a younger brother or sister.
According to a study by Floyd Martinson, 10-15% of college students reported childhood sexual experiences with a brother or sister, mostly fondling of genitals rather than sexual intercourse. Of those, 30% reported negative reactions and 30% reported positive reactions; 25% of the reported experiences involved coercion and there was a correlation of coercion with the negative responses. An observational study in 1993 found that 16 percent of the 930 adult women interviewed reported that they had been sexually abused by a sibling before they were 18 years old.
Sibling incest is most prevalent in families where one or both parents are often absent or emotionally unavailable, with the abusive siblings using incest as a way to assert their power over a weaker sibling and thereby express their feelings of hurt and rage. Absence of the father in particular has been found to be a significant element of most cases of sexual abuse of female children by a brother. The damaging effects on both childhood development and adult symptoms resulting from brother-sister sexual abuse are similar to the effects of father-daughter, including substance abuse, depression, suicidality, and eating disorders.
Consensual incest
Consensual incest is sexual behavior between blood relatives (which can include parents and adult offspring, siblings, cousins, etc.) that is not coerced or forced in any way: each participant is a consenting partner. While consensual incest has not been widely reported in the past, the internet has shown that this behavior does take place, possibly more often than many people realize. Internet chatrooms and topical websites exist that provide support for incestuous couples.
Proponents of consensual incest draw clear boundaries between the behavior of consenting adults and rape, pedophilia, and abuse. According to one incest participant who was interviewed for an article in The Guardian
"You can't help who you fall in love with, it just happens. I fell in love with my sister and I'm not ashamed ... I only feel sorry for my mom and dad, I wish they could be happy for us. We love each other. It's nothing like some old man who tries to fuck his three-year-old, that's evil and disgusting ... Of course we're consenting, that's the most important thing. We're not fucking perverts. What we have is the most beautiful thing in the world."
In Slate Magazine, William Saletan drew a legal connection between gay sex and consensual incest. As he described in his article, in 2003, U.S. Senator Rick Santorum publicly derided the theory of the Supreme Court ruling to allow private consensual sex in the home (primarily as a gay rights move). He stated that "If the Supreme Court says that you have the right to consensual sex within your home, then you have the right to bigamy, you have the right to polygamy, you have the right to incest, you have the right to adultery." However, David Smith of the Human Rights Campaign professed outrage that Santorum placed being gay on the same moral and legal level as someone engaging in incest. Saletan argued that, legally and morally, there is essentially no difference between the two, and went on to support consensual incest being covered by a legal right to privacy.
Incest between adult siblings
The most public case of consensual adult sibling incest in recent years is the case of a couple from Leipzig, Germany. The couple became intimately close after the death of their mother and in 2001, had their first child together (they have a total of four). The public nature of their relationship, and the repeated prosecutions and even jail time they have served as a result, has caused some in Germany to question whether consensual incest should be punished at all. For all intents and purposes, the couple are happy together and consensual incest in general, as described in a Der Spiegel article about them, is a victimless crime.
Incest between adult cousins
See also: Cousin coupleMany cultures consider relationships between parallel cousins incestuous, but not those between cross cousins, although the degree of genetic relationship does not differ.
Incest defined through marriage
Some cultures include relatives by marriage in incest prohibitions; these relationships are called affinity rather than consanguinity. For example, the question of the legality and morality of a widower who wished to marry his deceased wife's sister was the subject of long and fierce debate in the United Kingdom in the 19th century, involving, among others, Matthew Boulton. In medieval Europe, standing as a godparent to a child also created a bond of affinity.
History
Etymology
The word 'incest' was introduced into Middle English around 1225 as a legal term to describe the crime of familial incest as we know it today. It was also used to describe sexual relations between married persons, one of whom had taken a vow of celibacy (often called spiritual incest). It derives from the Latin incestus or incestum, the substantive use of the adjective incestus meaning 'unchaste, impure', which itself is derived from the Latin castus meaning 'chaste'. The derived adjective incestuous does not appear until the 16th century.
Prior to the introduction of the Latin term, incest was known in Old English as sibbleger (from sibb 'kinship' + leger 'to lie') or mǣġhǣmed (from mǣġ 'kin, parent' + hǣmed 'sexual intercourse') but in time, both words fell out of use.
Ancient civilizations
It is relatively accepted that incestuous marriages were widespread at least during the Graeco-Roman period of Egyptian history. Numerous papyri and the Roman census declarations attest to many husbands and wives being brother and sister (Lewis, 1983; Bagnall and Frier, 1994; Shaw, 1993). In Hopkins (1980) this is conclusively demonstrated, and more recent scholars in the field have not questioned it. Some of these incestuous relationships were in the royal family, especially the Ptolemies (see the biography of Cleopatra, who married more than one of her brothers).
The fable of Oedipus, with a theme of inadvertent incest between a mother and son, ends in disaster and shows ancient taboos against incest as Oedipus is punished for incestuous actions by blinding himself.
Incestuous unions were frowned upon and considered as nefas (against the laws of gods and man) in Roman times, and were explicitly forbidden by an imperial edict in AD 295, which divided the concept of incestus into two categories of unequal gravity: the incestus iuris gentium, which was applied to both Romans and non-Romans in the Empire, and the incestus iuris civilis, which concerned only Roman citizens. Therefore, for example, an Egyptian could marry an aunt, but a Roman could not. Despite the act of incest being unacceptable within the Roman Empire, Roman Emperor Caligula is rumored to have had open sexual relationships with all three of his sisters, (Julia Livilla, Drusilla, and Agrippina the Younger). The taboo against incest in Ancient Rome is demonstrated by the fact that politicians would use charges of incest (often false charges) as insults and means of political disenfranchisement.
Hypothesis of incest avoidance origins
Some researchers hypothesize that humans have a kin recognition ability that functions in part to enable incest avoidance between close relatives, thereby protecting the gene pool of the family or tribe from excessive damage by inbreeding; and, that this kin recognition system may form a biological basis for social and psychological prohibitions against incest. Lieberman et al. (2003) found that childhood co-residency with an opposite-sex sibling (biologically related or not) was significantly correlated with moral repugnance toward third-party sibling incest.
Laws regarding incest
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Children's issues
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Private international law |
Family and criminal code (or criminal law) |
Australia
In Australia, marriage (which is defined to be a monogamous heterosexual union) is governed at the federal level, while criminal law is on the whole a matter for the states and territories. In Australia marriage between an ancestor and descendant or between a brother and sister (including siblings of half-blood), is not permitted and these "prohibited relationships" include relationships traced through adoption. Moreover, incest is a crime in every Australian state and self-governing territory, but unsurprisingly definitions and penalties vary. In all states and territories the legal definition of incest covers sex, whether heterosexual or homosexual, between a parent and child, as well as between siblings (including half-brothers and half-sisters). Whether the definition of incest extends to sex between a step-parent and step-child or adoptive relationships varies from state to state. However, recent research carried out suggests that around 15-20% of white australians have, at one stage of their lives, had incest. While at the time these claims were met with outrage and disbelief, the data was verified by a seperate and independent survey carried out recently (2007).
In all jurisdictions except South Australia, the definition also includes sex between a grandparent and a grandchild and in all other jurisdictions except New South Wales it also covers sex between a "lineal ancestor" and a "lineal descendant" (which would include the relationship of great-grandparent/great-grandchild and beyond). Only in Queensland is incest defined to include sex between an uncle or aunt and a niece or nephew, although even here its application would appear to be curtailed by the effect of federal marriage law. The Queensland Criminal Code itself provides that the crime of incest does not apply to "persons who are lawfully married or entitled to be lawfully married" and Australian marriage law permits (heterosexual) marriage between an aunt or uncle and a nephew or niece, provided both parties are of marriageable age (currently 18). In New South Wales the crime of incest only applies where the victim is aged 16 or over (the age of consent in that state); in cases where the victim is under 16 the accused would be charged with the general offence of sexual intercourse with a child.
In all other jurisdictions the crime of incest also exists where the victim is below the age of consent, but this does not exclude the possibility of bringing the more general charge of sexual intercourse with a child. This is particularly relevant where a certain form of sexual conduct between related persons falls outside of the legal definition of incest in a particular jurisdiction.
In no Australian state or territory is consent a defence to the crime of incest. The penalty for incest varies from state to state. A conviction for incest attracts a maximum penalty of imprisonment for 5 years in Victoria (25 years in the case of sex with one's child, step-child or lineal descendant, irrespective of the victim's age), 7 years in South Australia, 8 years in New South Wales, 10 years in Western Australia (20 years if the victim is under 16), 10 years in the Australian Capital Territory (20 years if the victim is under 10 and 15 years if the victim is aged 10-15), 14 years in the Northern Territory (25 years if the victim is under 10 and 20 years if the victim is aged 10-15), 21 years in Tasmania, and imprisonment for life in Queensland.
Belgium
In Belgium, incest is not a crime; incest laws were abolished by Napoleon some 200 years ago in the French government period. Incestuous relations between a parent and minor child are prohibited and punished by law in Belgium, but not between adults.
Canada
Under Canadian law persons who are related lineally, or as brother or sister or half-brother or half-sister, including by adoption may not marry. Incest, which covers sex with one's parent, child, brother or sister (including half-brothers and half-sisters), grandparent or grandchild, is also an indictable offence and liable to a maximum of 14 years' imprisonment.
Cyprus
The Orthodox Church of Cyprus does not permit marriages of its members between up to a relationship of "second": That is, up to between second cousins or between second uncle/aunt to second niece/nephew (first cousins once removed).
France
In France, incest is not a crime; incest laws were abolished by Napoleon in 1810. Incestuous relations between a parent and minor child are prohibited and punished by law in France, but adult incestuous relations are legal.
Germany
In February 2007, German brother and sister, Patrick Stübing and Susan Karolewski, called for the country's incest laws to be abolished so that they could continue their sexual relationship. Although they were born into the same family, Patrick was not living with them when Susan was born and they met for the first time in 2000. Between 2002 and 2006 they had four children although three have been taken into foster care. Two of the children have disabilities and while it is possible that these were caused by inbreeding, premature birth may also have contributed. The siblings' lawyer, Endrik Wilhelm, lodged an appeal with Germany's highest judicial body, the Federal Constitutional Court in Karlsruhe, to overturn the country's ban on incest. On March 13th 2008 however, the court ruled with a 7-1 vote for incest to remain illegal.
Japan
In Japan, the Civil Code of Japan restrict marriages of its members, but incest is not a crime. Incest law was abolished in 1881. They also can have children. Incest however is generally considered immoral. One of the most complex cases was Aizawa v. Japan.
Poland
In Poland, incest - defined in Article 201 of the Penal Code as sexual intercourse with an ancestor, a descendant, a guardian, a ward, a brother, or a sister - is punishable by 3 months up to 5 years imprisonment.
Sweden
Sweden is the only country in Europe which allows marriage between siblings who share one parent. However, permission for this must be acquired from the County Administrative Board.
United Kingdom
Incest in the United Kingdom is illegal and is governed by the Sexual Offences Act 2003.
Israel
In Israel, incest between adults (of the age of 18 years and above) is not a crime; Incestuous relations with a person under the age of 18 years are prohibited and punished by law.
United States
In the United States, incest is a crime in every state, with variations from state-to-state regarding which forms of sexual activities what degree of family relationship fall under the state's definition of incest. In all states, close blood-relatives that fall under the incest statutes include father, mother, grandfather, grandmother, brother, sister, aunt, uncle, niece, nephew, and in some states, first cousins. Many states also apply incest laws to non-blood relations including step-parents, step-siblings, and inlaws.
Religious views on incest
Judeo-Christian
Main article: Biblical References to IncestIn the story of Sodom and Gomorrah in the Book of Genesis in the Bible, Lot's two daughters have sex with him to carry on their lineage.
Later, the Book of Leviticus lists prohibitions against sexual relations between various pairs of family members. Men are prohibited, on pain of death, to have sexual relations with their daughters, mothers, aunts, and various other relations. (Father–daughter incest is covered by a prohibition on sexual relationships between a man and any daughter born to any woman he has had sexual relationships with, thereby prohibiting his incest not only with his own daughters but also with women who could be his stepdaughters by marriage.)
Islam
The Quran mentions incest which prohibits a man from having sexual relationships with his mother, daughter, sister, paternal aunt, maternal aunt or niece. However, Islam allows for marriage with cousins and other more distant relatives. Only in case of marriage does Islam allow sexual relations between cousins and other distant relatives.
Hinduism
Hinduism speaks of incest in highly abhorrent terms. Hindus were greatly fearful of the bad effects of incest and thus practice to date strict rules of both endogamy and exogamy, that is, marriage in the same caste (varna) but not in the same family tree (gotra) or bloodline (Parivara). Marriages within the gotra ("swagotra" marriages) are banned under the rule of exogamy in the traditional matrimonial system. People within the gotra are regarded as kin and marrying such a person would be thought of as incest.
In some South Indian communities, where gotra membership passed from father to children, marriages were allowed between uncle and niece, while such marriages were forbidden in matrilineal communities, like Malayalis and Tuluvas, where gotra membership was passed down from the mother. A much more common characteristic of south Indian Hindu society is permission of marriage between cross-cousins (children of brother and sister). Thus, a man is allowed to marry his maternal uncle's daughter or his paternal aunt's daughter but is not allowed to marry his paternal uncle's daughter, a parallel cousin, who is treated as a sister.
North Indian Hindu society not only follows rules of gotra for marriages, but also has many regulations which go beyond the basic definition of gotra which result in few occurrences of similarly incestuous relationships.
Buddhism
Asian societies shaped by Buddhist traditions takes a strong ethical stand in human affairs and sexual behavior in particular. In most of those societies, incest is regarded as highly abhorrent. However, unlike most other world religions, most variations of Buddhism, does not go in to details what is right and what is wrong in mundane activities of life. Incest (or any other detail of human sexual conduct for that matter) is not specifically mentioned in any of the religious scriptures. The most common formulation of Buddhist ethics are the Five Precepts and the Eightfold Path, one should neither be attached to nor crave sensual pleasure. These precepts take the form of voluntary, personal undertakings, not divine mandate or instruction. The third of the Five Precepts is "To refrain from committing sexual misconduct". It is understandable that incest itself could constitute "sexual misconduct".. 'Sexual misconduct' is a loose term, and is subjected to interpretation relative to the social norms of the followers. In fact, Buddhism in its fundamental form, does not define what is right and what is wrong in absolute terms for lay followers. Therefore the interpretation of whether incest for a layperson is right or wrong, is not a religious matter as far as Buddhism is concerned.
See also
- Child sexual abuse
- Incest in folklore
- Incest in popular culture
- Consanguinity
- Covert incest
- Genetic sexual attraction
- Human sexual behaviour
- Kinship and descent
- Levirate marriage
- Westermarck effect
- Inbreeding
- Incest pornography
- Incest taboo
- Prohibited degree of kinship
- Royal intermarriage
- Sexual ethics
- Cousin couple
Notes
- Elementary Structures Of Kinship, by Claude Lévi-Strauss. (tr.1971).
- ^ Wolf, Arthur P. (2004). Inbreeding, Incest, and the Incest Taboo: The State of Knowledge at the Turn of the Century. Stanford University Press. pp. p170-172. ISBN 0804751412.
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(help) - "Incest". National Center for Victims of Crime and Crime Victims Research and Treatment Center. National Center for Victims of Crime. 1992.
- Trepper, Terry S. (1989). Systemic Treatment of Incest: A Therapeutic Handbook. Psychology Press. ISBN 0876305605.
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has extra text (help) - Brown, Donald E., Human Universals. New York: McGraw-Hill, 1991, p. 118-29
- ^ Turner, Jeffrey S. (1996). Encyclopedia of Relationships Across the Lifespan. Greenwood Publishing Group. pp. p92. ISBN 031329576X.
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has extra text (help) - Kinship, Incest, and the Dictates of Law, by Henry A. Kelly, 14 Am. J. Juris. 69
- Incest: The Nature and Origin of the Taboo, by Emile Durkheim (tr.1963)
- Maurice Godelier, Métamorphoses de la parenté, 2004
- "New Left Review - Jack Goody: The Labyrinth of Kinship". Retrieved 2007-07-24.
- Dorais, Michel (2002). Don't Tell: The Sexual Abuse of Boys. McGill-Queen's Press. pp. p24. ISBN 0773522611.
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- EMOTIONAL INCEST
- "'زنای با محارم از مشکلات پیش روی کودکان در ایران' - BBC Persian: Incest paedophilia, one of great challenges of Iranian Children".
- CHILD AND ADOLESCENT SEXUALITY
- ^ Jane Mersky Leder. "Adult Sibling Rivalry: Sibling rivalry often lingers through adulthood". Psychology Today. Vol. Jan/Feb 93. Sussex Publishers.
- ^ Jane M. Rudd (September 1999). "Brother-sister incest—father-daughter incest: a comparison of characteristics and consequences". Child Abuse & Neglect. Volume 23, Issue 9: pp915-928.
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(help) - Online Etymology entry for 'incest'
- Oxford Concise Dictionary of Etymology, T.F. Hoad (ed.) (1996), p232
- ^ Debra Lieberman, John Tooby and Leda Cosmides (26 February 2003). "Does morality have a biological basis? An empirical test of the factors governing moral sentiments relating to incest" (PDF). Center for Evolutionary Psychology, University of California, Santa Barbara.
- "Marriage Act 1961 s 5".
- "Marriage Act 1961 s 23B".
- See NSW: "Crimes Act 1900 s 78A".; Vic: "Crimes Act 1958 s 44".; Qld: "Criminal Code s 222".; SA: "Criminal Law Consolidation Act 1935 s 72".; WA: "Criminal Code s 329".; Tas: "Criminal Code s 133".; ACT: "Crimes Act 1900 s 62".; NT: "Criminal Code s 134"..
- "Marriage Act 1961 s 11".
- "Marriage (Prohibited Degrees) Act S.C. 1990, c. 46, s. 2".
- "Criminal Code R.S.C. 1985, c. C-46, s. 155".
- De er bror og søster og har fire børn sammen - Verden
- "Sky News "Challenge To Incest Laws"".
- "BBC News "Couple Stand by Forbidden Love"".
- "BBC News "German court upholds incest law"".
- "Aizawa v Japan". Murdoch University.
- "Forbidden Relatives - The American Myth of Cousin Marriage, by Martin Ottenheimer".
- "Sexual Offences Act 2003 (c. 42)".
- Higgins, Winton. "Buddhist Sexual Ethics". BuddhaNet Magazine. Retrieved 2007-01-15.
References
- Adams, Kenneth, M., Silently Seduced: When Parents Make Their Children Their Partners, Understanding Covert Incest, HCI, 1992.
- Adams, Kenneth, M., When He's Married to His Mom: How to Help Mother-Enmeshed Men Open Their Hearts To True Love, Fireside, 2007.
- Anderson, Peter B., and Cindy Struckman-Johnson, Sexually Aggressive Women: Current Perspectives and Controversies, Guilford, 1998.
- Bagnall, Roger S. and Bruce W. Frier, The demography of Roman Egypt, Cambridge, 1994
- Bixler, Ray H. (1982) "Comment on the Incidence and Purpose of Royal Sibling Incest," American Ethnologist, 9(3), Aug, pp. 580-582.
- Blume, E. Sue, Secret Survivors: Uncovering Incest and its Aftereffects in Women, Ballantine, 1991.
- DeMilly, Walter, In My Father's Arms: A True Story of Incest, University of Wisconsin Press, 1999.
- Elliot, Michelle, Female Sexual Abuse of Children, Guilford, 1994.
- Forward, Susan (1990). Toxic Parents: Overcoming Their Hurtful Legacy and Reclaiming Your Life. Bantam. ISBN 0-553-28434-7.
- Goody, John (Jack Goody) (1956) A Comparative Approach to Incest and Adultery, The British Journal of Sociology, 7 (4), Dec, pp. 286-305 doi:10.2307/586694
- Gil, Eliana, Treating Abused Adolescents, Guilford, 1996.
- Herman, Judith, Father-Daughter Incest, Harvard University Press, 1982.
- Hislop, Julia, "Female Sexual Offenders: What Therapists, Law Enforcement, and Child Protective Services Need to Know", Issues, 2001.
- Hopkins, Keith (1980) "Brother-Sister Marriage in Roman Egypt", Comparative Studies in Society and History, 22: 303-354.
- Leavitt, G. C. (1990) "Sociobiological explanations of incest avoidance: A critical claim of evidential claims", American Anthropologist, 92: 971-993.
- Lew, Mike, Victims No Longer: Men Recovering from Incest and Other Sexual Child Abuse, Nevraumont, 1988.
- Lewis, Naphtali, Life in Egypt under Roman Rule, Oxford, 1983.
- Lobdell, William, "Missionary's Dark Legacy", Los Angeles Times, Nov. 19, 2005, p. A1.
- Love, Pat, Emotional Incest Syndrome: What to Do When a Parent's Love Rules Your Life, Bantam, 1991.
- Méndez-Negrete, Josie, Las hijas de Juan: Daughters Betrayed, Duke University Press, 2006. ISBN 978-0-8223-3896-3.
- Miletski, Hani, Mother-Son Incest: The Unthinkable Broken Taboo, Safer Society, 1999.
- Miller, Alice, That Shalt Not Be Aware: Society's Betrayal of the Child, Farrar Strauss Giroux, 1983.
- Pryor, Douglass, Unspeakable Acts: Why Men Sexually Abuse Children, New York University Press, 1996.
- Rosencrans, Bobbie, and Eaun Bear, The Last Secret: Daughters Sexually Abused by Mothers, Safer Society, 1997.
- Scruton, Roger, Sexual Desire: A Moral Philosophy of the Erotic, Free Press, 1986.
- Shaw, Brent D., Explaining Incest: Brother-Sister Marriage in Graeco-Roman Egypt, Man, New Series, 27(2), Jun 1992, pp. 267-299. JSTOR article
- Shaw, Risa, Not Child's Play: An Anthology on Brother-Sister Incest, Lunchbox, 2000.
- Tyldesley, Joyce, Ramesses: Egypt's Great Pharaoh, London, 2000.
External links
- RAINN - Rape, Abuse, and Incest National Network
- VOICES in Action Victims Of Incest Can Emerge Survivors, an international organization providing assistance to adult and adolescent victims of child sexual abuse and trauma.
- Making Daughters Safe Again Online resources for mother-daughter incest survivors.
- SASIAN Sibling Abuse Survivors Information and Advocacy Network
- SIA Survivors of Incest Anonymous World Service Office, Inc. links independent SIA 12-step support groups around the world.
- Child Sexual Abuse and the State by Ruby Andrew, UC Davis Law Review, vol. 39, 2006. Discusses U.S. incest laws in cases where victim is a minor.
- Forbidden Fruit by John Dougherty, Phoenix New Times, Dec. 29, 2005. Intrafamilial child sexual abuse in Arizona-Utah polygamist community.
- The Gentle People by Nadya Labi, Legal Affairs, Jan. 2005. Intrafamilial child sexual abuse in Amish community
- Adult Survivors of Incest, Illinois Coalition Against Sexual Assault (ICASA)
Sexual ethics | |
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Human sexuality | |
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Sexual abuse | |
Age of consent (reform) | |