Incest - Sex with Family Relations

What is incest? It pertains to any sexual activity between two family members whose degree of relationship is prohibited by law and/or custom to marry. Even cultures that are sexually permissive and allow child sexuality and experimentation forbid incestuous relationships.

The term incest applies to any sexual activity between close family relatives regardless of whether the relationship is same-sex or opposite-sex in nature. Incest is a social and cultural term that often connotes a socially taboo sexual activity. It is different from inbreeding in the sense that inbreeding is a scientific term that pertains to the procreation between individuals with different degrees of genetic relationship.

In some cultures, a sexual relation is considered incest only if the parties involved are related by birth while some also consider sexual relations with adopted relatives and relatives acquired by marriage to be incestuous as well. Also, different cultures can have different definitions for what constitute as sexual activity.

In most jurisdictions, incest is considered a crime especially if the parties in question are close blood relatives. Nevertheless, the degree of closeness of the family members involved that is prohibited to marry or have sexual relations by law varies per jurisdiction.

Since most cases of incest are consensual and take place in private, prosecuting incest can be difficult particularly in the absence of a complainant.

Incest Penalties

Many states in the US recognize two degrees of incest. More serious cases involve sexual relations between immediate family members – father, mother, child; while less serious charges are pressed for more distant relatives such as first cousins and even half-cousins.

The state of New York treats incest as a felony which is punishable by up to 4 years in prison. The less serious cases are treated as misdemeanor however.

Other anti- incest laws on the other hand, do not consider a sexual activity incest unless vaginal intercourse is present. Thus, oral sex or any other form of sex act does not constitute as incest.

Most industrialized societies like Australia treat incestuous relations between two adults as illegal. However, laws against adult incest have been questioned using the argument that such relationships do not harm any other person provided the incestuous couple do not bear any children.

Countries like France however, do not forbid adult incest provided the familial relationship of the couple is not a parent-child relationship.

Types of Incest

The kinds of incestuous relationship are classified depending on the relationship between the parties involved.

1. Parental Incest – any parent who engages in sexual activity with his/her child is guilty of child abuse.
2. Sibling Incest – study reveals that 10 to 15% of college students had some form of sexual activity with a sibling although only 5 to 10% of these involved actual intercourse. While sexual activity between similarly-aged siblings can be considered childhood sexuality experimentation, sex between siblings with significant differences in age can result in psychological damage to the younger party later on.
3. Cousin and/or Distant Relative Incest – in the US, 24 states forbid marriage between first cousins while 7 states allow it only under special circumstances such as when both parties are no longer able to conceive a child. Nevertheless, 19 US states allow marriage between first cousins without any restrictions.

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