A "legal question" about what is called incest but may not even be...

[Beandip478]

I keep reading people say that incest is illegal. Well, if one of the two people is a minor, then certainly. Or, alternatively, if force is used.
But I keep wondering, after reading so many accounts of this, if both persons are over eighteen, and it is consensual, is it illegal? And in that case is the term incest even the right one?
It's just that at this point I have corresponded with so many people, many of them women, who have had consensual, ongoing relationships with family members, but where both people are over eighteen, and I don't even know if there is a law that addresses this. Maybe there is, I'm not a lawyer so I wouldn't know.

 

[wildp]

I think it law by state. As in each state has different laws about it

 

[PapaRomantic]

Some states - but not all - allow first cousins to marry. Anything more closely related than that is most likely illegal in all states.

 

[Scotchlander]

I think it law by state. As in each state has different laws about it

Not just states, but by country. It is illegal in the uk.

 

[1darknightowl]

Its illegal in the UK but I beleive in Framce, some eastern European countries its legal.

 

[Britva415]

Marriage licenses won’t be granted to overly-consanguinous couples, but if simply having incestuous sex were illegal, I’ve never heard of it until now.

 

[Melody_Lightdraft2]

I keep reading people say that incest is illegal. Well, if one of the two people is a minor, then certainly. Or, alternatively, if force is used.
But I keep wondering, after reading so many accounts of this, if both persons are over eighteen, and it is consensual, is it illegal? And in that case is the term incest even the right one?
It's just that at this point I have corresponded with so many people, many of them women, who have had consensual, ongoing relationships with family members, but where both people are over eighteen, and I don't even know if there is a law that addresses this. Maybe there is, I'm not a lawyer so I wouldn't know.

The 1956 act in the UK is straightforward:

10 Incest by a man
(1)It is an offence for a man to have sexual intercourse with a woman whom he knows to be his grand-daughter, daughter, sister or mother.

(2) In the foregoing subsection " sister " includes half-sister, and for the purposes of that subsection any expression importing a relationship between two people shall be taken to apply notwithstanding that the relationship is not traced through lawful wedlock.

11 Incest by a woman
(1) It is an offence for a woman of the age of sixteen or over to permit a man whom she knows to be her grandfather, father, brother or son to have sexual intercourse with her by her consent.

(2) In the foregoing subsection " brother" includes half-brother, and for the purposes of that subsection any expression importing a relationship between two people shall be taken to apply notwithstanding that the relationship is not traced through lawful wedlock.

The 2003 act states:

In England and Wales, the Sexual Offences Act 2003 created an offence of familial sexual abuse (this is covered in Scotland in the 2009 Sexual Offences Act, and in Northern Ireland in the Sexual Offences Order 2008). The aim of this law was to protect children up to the age of 18 from any form of activity that a person would consider sexual or indecent. The offender may be an adult or another child. It recognises the modern family unit and it defines familial sexual abuse as being between a person and their parent (including adoptive or foster), grandparent, child, grandchild, sibling or half-sibling, uncle, aunt, nephew or niece.

Even if both parties consent, incest is a criminal offence. Consent cannot be given by a child under the age of 13 and in this case the maximum sentence that can be given is life imprisonment. If the person is over the age of 13, the maximum sentence that can be given is 7 years.

 

[crem]

I believe if you are both adults, and agree to the relationship then have fun and enjoy yourself.

 

[lifeis2short2b]

Another thing I really don't have to worry about. You do know there are many woman you can be with outside your family.

 

[Hans101]

Government prohibitions against behaviors that occur exclusively in private between consenting adults are all but impossible to enforce, making questions about such laws largely academic.