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.

 

[FoxtrotJulietRomeo]

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

In some of the middle east, I'm pretty sure it's a basic requirement!!

 

[MasterDarcy]

Illegal:

Afghanistan (death penalty)
Al Albania (Up to 7 years in prison)
Algeria (Up to 20 years in priso
Antigua and Barbuda (Up to life in prison)
Armenia
Australia (Up to life in prison)
Austria (illegal for opposite sex couples) (Up to 3 years in prison)
Azerbaijan
Bahamas (Up to 14 years in prison)
Bangladesh (life imprisonment)
Barbados (Up to 14 years in prison)
Benin
Bhutan
Bosnia and Herzegovina
Brunei (Death penalty)
Bulgaria (Up to 7 years in prison)
Canada (Up to 7 years in prison)
Chile (Up to 3 years and 1 day in prison)
Colombia (72 months in prison)
Croatia (Up to 1 year in prison)
Czech Republic (Up to 3 year in prison)
Denmark (Up to 6 years in prison)
Dominica (Up to 25 years in prison)
Eritrea (Up to 3 years in prison)
Estonia (only incest between parent and child or grandparent and grandchild is illegal)
Eswatini (Up to 25 years in prison)
Ethiopia (Up to 3 years in prison)
Fiji (Up to 20 years in prison)
Georgia (Up to 2 years in prison)
Germany (Illegal for opposite-sex couples)
Ghana
Greece (Up to 17 years in prison)
Grenada
Guyana (Illegal for same-sex couples)
Guyana (llegal for same-sex couples)
Hong Kong (Illegal (for opposite-sex couples)
Hungary (Up to 3 years in prison)
Iceland (Up to 12 years in prison)
Indonesia (Up to 18 years in prison and 100 lashes)
Ireland (same-sex couples
Iran (Death)
Israel (if aged 20 or younger)(Up to 16 years in prison)
Jamaica (for same-sex couples
Kazakhstan
Kenya (10 years in prison)
Kiribati (7 years in prison)
Laos (6 years in prison)
Liberia (3 years in prison)
Liechtenstein (3 years in prison)
Malaysia (20 years in prison)
Malawi (5 years in prison)
Marshall Islands (35 months in prison)
Mauritius (prison)
Mexico (prison)
Moldova (5 years in prison)
Myanmar
Nauru (10 years in prison)
Nepal (10 years in prison)
New Zealand (10 years in prison)
Nigeria (death penalty)
North Korea (death penalty)
Northern Cyprus (life in prison)
Norway (6 years in prison)
Pakistan (death penalty)
Palau (25 years in prison)
Philippines (6 years in prison)
Poland (5 years in prison)
Romania (5 years in prison)
Samoa (if under the age of 21) (14 years in prison)
Saudi Arabia (Death penalty)
Saint Lucia (for same-sex couples)
Saint Vincent and the Grenadines (for same-sex couples)
Senegal (3 years in prison)
Seychelles (3 years in prison)
Sierra Leone (15 years in prison)
Singapore (15 years in prison)
South Africa
Somalia (death penalty)
South Sudan (7 years in prison)
Sri Lanka (20 years in prison
Sudan (death/20 years)
Sweden (for opposite-sex couples
Switzerland (for opposite-sex couples)
Syria (3 years in prison)
Taiwan (5 years in prison)
Tanzania (5 years in prison)
Togo (prison)
Trinidad and Tobago (life in prison)
Tunisia (12 years in prison)
Turkmenistan (Prison)
Uganda (life in prison)
United Arab Emirates (death penalty)
United Kingdom (14 years in prison)
United States (48 states)
Uruguay (Legal unless it provokes public scandal)
Uzbekistan (prison)
Vanuatu (10 years in prison)
Venezuela (Legal unless it provokes public scandal)
Vietnam (5 years in prison)
Zambia (5 years in prison)
Zimbabwe (5 years in prison)

Legal:

Angola
Argentina
Austria (legal for same sex couples)
Belarus
Belgium
Bolivia
Botswana
Brazil
Burkina Faso
Cabo Verde
Cambodia
Central African Republic
China
Costa Rica
Cuba
Democratic Republic of the Congo
Dominican Republic
East Timor
Ecuador
El Salvador
Estonia (incest between siblings is legal)
Federated States of Micronesia
France
Gabon
Germany (Legal for same-sex couples)
Guatemala
Guinea-Bissau
Guyana (Legal for opposite-sex couples)
Haiti
Honduras
Hong Kong (Legal for same-sex couples)
India
Ireland (opposite-sex couple)
Israel (if aged 21 or older)
Italy (unless it provokes public scandal)
Ivory coast
Jamaica (for opposite-sex couples)
Japan
Kosovo
Kyrgyzstan
Latvia
Lesotho
Lithuania
Luxembourg
Macau
Madagascar
Mali
Mongolia
Montenegro
Mozambique
Netherlands
Nicaragua
Niger
Panama
Paraguay
Peru
Portugal
Russia
Samoa (if aged 21 or older)
Saint Kitts and Nevis
Saint Lucia (for opposite-sex couples)
Saint Vincent and the Grenadines (for opposite-sex couples)
Serbia
Slovenia
South Korea
Spain
Suriname
Sweden (for same-sex couples)
Switzerland (for same-sex couples)
Tajikistan
Thailand Thailand
Timor-Leste
Turkey
Ukraine
United States (only 2 states: Rhode Island and New Jersey)
Uruguay (Legal unless it provokes public scandal)
Venezuela (Legal unless it provokes public scandal)