Legality of incest

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Laws regarding incest (i.e. sexual activity between family members or close relatives) vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Besides legal prohibitions, at least some forms of incest are also socially taboo or frowned upon in most cultures around the world.

Incest laws may involve restrictions on marriage, which also vary between jurisdictions. When incest involves an adult and a child, it is considered to be a form of child sexual abuse.^[1][2]

Degrees of relationship[]

Laws regarding incest are sometimes expressed in terms of degrees of relationship. The degree of relationship is calculated by counting the number of generations back to a common ancestor. Consanguinity (but not affinity) relationships may be summarized as follows:

Degree of relationship	Relationship	Average DNA shared %
	Inbred strain	99%
0	identical twins; clones	100%[3]
1	parent-offspring[4]	50%
1	full siblings	50%
2	3/4-siblings or sibling-cousins	37.5%
2	grandparent-grandchild	25%
2	half-siblings	25%
2	aunt/uncle-nephew/niece	25%
2	double first cousins	25%
3	great grandparent-great grandchild	12.5%
3	first cousins	12.5%
3	quadruple second cousins	12.5%
4	triple second cousins	9.38%
4	half-first cousins	6.25%
4	first cousins once removed	6.25%
4	double second cousins	6.25%
5	second cousins	3.13%
7	third cousins	0.78%
9	fourth cousins	0.20%[5]

Most laws regarding prohibited degree of kinship concern relations of r = 25% or higher, while most permit unions of individuals with r = 12.5% or lower. In 24 states of the United States, cousin marriages are prohibited. Also, most laws make no provision for the rare case of marriage between double first cousins. Incest laws may also include prohibitions of unions between biologically unrelated individuals if there is a close legal relationship, such as adoption or step relations.

Laws regarding incest between consenting adults[]

Table[]

Country	Incest between consenting adults	Prohibited relationships	Penalties
Afghanistan	Illegal		Death penalty in Taliban-controlled territories[6]
Albania	Illegal	Lineal ancestors and descendants Siblings Related by blood or adoption	Up to 7 years in prison
Argentina	Legal
Australia	Illegal	Varies by state	Varies by state
Austria	Illegal	Lineal ancestors and descendants Full siblings and half siblings	Up to 3 years in prison
Belgium	Legal (since 1810)
Bhutan	Illegal	Relationship by consanguinity or affinity in such a way that they cannot legally marry except otherwise provided in other laws	From 1 to 3 years in prison[7]
Brazil	Legal
Brunei	Illegal	Blood relatives prohibited by religious law	Death penalty
Canada	Illegal	Child/parent or grandchild/grandparent Full and half-siblings	Up to 14 years in prison
Chile	Illegal	Lineal ancestors and descendants Full siblings	Up to 1 year in prison
China	Legal	[8]
Cuba	Illegal	Lineal ancestors and descendants Full siblings	From 3 months to 5 years in prison
Czech Republic	Illegal	Lineal ancestors and descendants Siblings Related by blood or adoption	Up to 3 years in prison
Denmark	Illegal	Lineal ancestors and descendants Full siblings	Up to 6 years in prison (direct line) Up to 2 years in prison (siblings)
Eritrea	Illegal	Grandparent, parent, child or grandchild Brother or half brother, sister or half-sister Same-sex relations are always prohibited	From 1 to 3 years in prison[9]
Estonia	Illegal	Grandparent, parent, child or grandchild Related by blood or adoption	From 2 to 8 years in prison[10]
Ethiopia	Illegal	Blood relatives whose marriage is prohibited by respective law Same-sex relations are always prohibited	From 3 months to 3 years in prison[11]
France	Legal (since 1810)
Germany	legal (for same-sex couples and if both over 18) / Illegal (for opposite-sex couples)	Lineal ancestors and descendants Full and half-siblings	Up to 3 years in prison and fine (not punished if both are minors)
Greece	Illegal	Lineal ancestors and descendants Full and half-siblings	More than 10 years in prison for the ascending relative if the descending relative is under 15 years old, imprisonment if 15 but not 18 years old, and up to 2 years in prison if 18 years and older Up to 2 years in prison if siblings or half-siblings
Hong Kong	Illegal	Grandfather, father, brother, son (female) Grandmother, mother, sister, daughter (male)	Up to 20 years in prison (male) Up to 14 years in prison (female)
Iceland	Illegal	Lineal ancestors and descendants Full and half-siblings	Up to 8 years in prison for ascending relative Up to 12 years if descending relative is between 15 and 17 years old Up to 4 years in prison for siblings
India	Not defined		Nothing mentioned about incest in Indian laws but it's considered and punished as rape and sexual exploitation in most cases.
Indonesia	Nationwide not allowed by Marriage , Illegal (Aceh territory)		Aceh territory: Up to 10 months in jail[12]
Ireland	Legal (same-sex couples) Illegal (opposite-sex couples)	Granddaughter, daughter, mother, sister or half-sister (male) Grandfather, father, son, brother or half-brother (female)	Up to 10 years in prison (male and female)
Iran	Illegal	Blood relatives prohibited by religious law Step-mother	Death penalty
Israel	Legal (if both over 21)	Underage relative by blood or adoption	Up to 16 years in prison[13]
Italy	Illegal (if it provokes public scandal)		From 2 to 8 years in prison
Ivory Coast	Legal
Japan	Legal	If one commits an indecent act upon or engages in sexual intercourse, etc. with another person "under eighteen years of age by taking advantage of the influence arising from the fact of having custody of that person".[14]	From 6 months to 10 years in prison
Latvia	Legal
Liberia	Illegal	Lineal ancestors and descendants Half or full sibling Uncle, aunt, nephew or niece of whole blood Same-sex relations are always prohibited	Up to 3 years in prison[15]
Lithuania	Legal (if both over 18)
Luxembourg	Legal (since 1810)
Madagascar	Illegal	Lineal ancestors and descendants Full siblings	From 5 to 10 years in prison
Malaysia	Illegal	Relatives prohibited by religious law	From 6 to 20 years in prison Flagellation
Netherlands	Legal
New Zealand	Illegal	Lineal ancestors and descendants Full or half-siblings	Up to 10 years in prison
Nigeria	Illegal (since 2015)[16]		5+ years in prison (consensual) 10+ years (non-consensual)[17]
Norway	Illegal	Lineal ancestors and descendants Siblings Stepfamily Adopted descendants	Up to 6 years in prison
Pakistan	Illegal	wife or former wife of father, grandfather and further ancestors Mother, grandmother and further ancestors Daughter, granddaughter and further descendants full or half-sister parents' sisters, grandparents' sisters and further ancestors' sisters daughter, granddaughter and further descendant of full or half-sibling suckling ancestor suckling sister Mother, grandmother and further ancestors of wife or former wife Daughter, granddaughter of wife or former wife Wife or former wife of true son or grandson and further descendants
Philippines	Legal (for sexual activity if both over 18) / Illegal (marriage only)	Lineal ancestors and descendants Full and half siblings Collateral relatives by blood within the fourth civil degree
Poland	Illegal	Lineal ancestors and descendants Guardian or ward Full, half and step-siblings	From 3 months to 5 years in prison
Portugal	Legal
Russia	Legal
Saudi Arabia	Illegal		Death penalty[citation needed]
Serbia	Legal (if both over 18)	Underage relative by blood Underage sibling	Up to 3 years in prison
Singapore	Illegal	Daughter or son, mother or father, grandson or granddaughter, grandmother or grandfather Sister or half-sister, brother or half-brother Same-sex relations are always prohibited	Up to 5 years in prison
Slovenia	Legal (if both over 18)	Underage lineal relative Underage sibling	Up to 2 years in prison
South Africa	Illegal	Lineal ancestors and descendants Within the first degree of consanguinuity Within the first degree of affinity Adoptive parent/child	Up to 3 years in prison and fine (not punished if both are minors)
South Korea	Legal
Somalia	Illegal		Death penalty[18]
South Sudan	Illegal	Lineal ancestors and descendants Half or full sibling, uncle, aunt, niece, nephew Same-sex relations are always prohibited	Up to 7 years in prison Fine[19]
Spain	Legal
Sweden	Illegal	Lineal ancestors and descendants Full siblings
Switzerland	Illegal	Lineal ancestors and descendants Full siblings and half siblings	Up to 3 years in prison
Sudan	Illegal	Lineal ancestors and descendants or their spouses Sister, brother or their children, aunt or uncle Same-sex relations are always prohibited	Death penalty if same-sex relations; Additional punishment of up to 5 years in prison otherwise[20]
Taiwan	Illegal	Lineal relatives by blood Collateral relatives within the third degree of relationship by blood	Up to 5 years in prison
Tanzania	Illegal	Granddaughter, daughter, sister or mother (male) Grandfather, father, brother or son (female) Same-sex relations are always prohibited	Up to 5 years in prison[21]
Thailand	Legal (if both over 15)
Turkey	Legal
Uganda	Illegal	Grandmother, mother, half or full sister, daughter, granddaughter, wife's mother, wife's daughter, aunt, sibling's daughter, son's wife, cousin, father's wife (male) Grandfather, father, half or full brother, son, grandson, husbands's father, husband's son, uncle, sibling's son, daughter's husband, cousin, mother's husband (female) Same-sex relations are always prohibited	Up to 7 years in prison Up to life imprisonment if relative is below 18[22]
United Arab Emirates	Illegal	Blood relatives prohibited by religious law	Death penalty[23]
United Kingdom	Illegal	Parent, grandparent, child, grandchild Brother, sister, half-brother, half-sister Uncle or aunt Nephew or niece	Up to 2 years imprisonment for sex between adult relatives (penetration)[24] Up to 14 years imprisonment for sexual activity with a child family member[25]
United States	/ Varies by states	Varies by states	Varies by states
Uruguay	Illegal (if it provokes public scandal)		From 6 months to 5 years in prison
Zambia	Illegal	Granddaughter, daughter, sister, mother (male) Grandfather, father, brother, son (female) Same-sex relations are always prohibited	Up to 5 years in prison[26]

Africa[]

Côte d'Ivoire (Ivory Coast)[]

Consensual incest between adults is legal in Côte d'Ivoire (Ivory Coast).^[27]

South Africa[]

In South Africa, since 2007, incest is the sexual penetration between persons who are related as follows:

• lineally, that is, if one person is a direct descendant of the other.
• within the first degree of consanguinuity, that is, where one person is a direct descendant of a parent of the other; this category includes siblings as well as an uncle or aunt with a niece or nephew.
• within the first degree of affinity, that is, where one person is the direct ancestor or descendant of the spouse of the other person.
• as adoptive parent and adopted child.^[28]

Before 2007, incest was a common law offence which extended to the same degrees of relationship but which applied only to vaginal intercourse.^[29]

Madagascar[]

Incest is illegal in Madagascar. According to Art. 335.3 - Any sexual relationship between close relatives or relatives up to the 3rd degree inclusive, in a direct or collateral line, the marriage of which is prohibited by law or any sexual abuse committed by the father or mother or another ascendant or a person having parental authority over a child is called incest.

Incest is punishable by forced labor in time if it was committed on the person of a child.

In other cases, incest is punishable by five to ten years imprisonment and a fine of 4,000,000 Ar to 20,000,000 Ar.^[30]

Zimbabwe[]

In Zimbabwe, most forms of incest are illegal and an offender is currently liable to a fine up to or exceeding level fourteen (about US$5000) or imprisonment for a period not exceeding five years or both.^[31] Incest is classified as "sexual intercourse within a prohibited degree of relationship".^[32] A prohibited degree of relationship would be that of a parent and their natural or adoptive child, a step-parent and their step-child, whether the step-child's parent and step-parent are married under the Marriage Act [Chapter 5:11] or the Customary Marriages Act [Chapter 5:07], or are parties to an unregistered customary law marriage, and whether or not the child was over the age of eighteen years at the time of the marriage; a brother and sister, whether of whole or half blood; or an uncle and his niece; or a grand-uncle and his grand-niece; or an aunt and her nephew; or a grand-aunt and her grand-nephew; or a grandparent and their grandchild and any person and their first or second cousin. In cases of first and second cousins an individual charged with such a crime can raise a defense that the cultural or religious customs or traditions of the community to which they belong does not prohibit marriage between first or second cousins; or in the case of a person who is a member of a community governed by customary law, that the cultural or religious customs or traditions of the particular community to which they belong does not prohibit marriage between first or second cousins.

Americas[]

Argentina[]

In Argentina, incest is legal if both individuals are over the minimum age of consent.^[33] Marriage between third-degree relatives and beyond is allowed, with the exception of marriage involving lineal ancestors and descendants, which is considered null and void disregarding the degree of separation (parent/offspring, grandparent-grandchild).^[34]

Brazil[]

Brazil has no criminal punishment if the involved are over the age of 14 (the clear age of consent in force; before 2011, though, sex with people as young as 12 and as elder as 17 was in a legal grey area, with legal guardian-reported sex with those aged 12 and 13 being prosecuted as statutory rape, but unlike as with those aged 11 and younger not directly prosecuted by the State without a report by either the legal guardians or the adolescents themselves—unlike now, where the police forces prosecute all statutory rape-related cases without distinction—, and legal guardian-reported sex with those aged 14, 15, 16 and 17 being prosecuted as corruption of minors, but prosecution as corruption of minors for non-commercial consented sexual activity between people out of a defined hierarchy fell), capable of acting upon their legal rights, and that consent means that the relationship is absent of any kind of coercion or fraud.^{[citation needed]}

First cousin marriages, once fairly common in some regions in the 19th century, are allowed on demand as all other marriages, while avunculate ones (those between uncles or aunts and nephews or nieces), the preferred by some Amazonian Amerindian tribes, and those between half-siblings, are allowed provided that those contracting it have a health check.^[35][36][37] Marriages between parents and their children (both consanguineous and adoptive) or between siblings (both consanguineous and adoptive) are invalid, but, as stated above, non-rape sexual relationships between persons older than the age of consent are likely otherwise treated legally as all others, irrespectively of consanguinity (information over the possibility or validity of uniões estáveis in such situations are nevertheless unclear or unexistent, but since those in these relationships are already consanguineous and thus inherently inside a legal family entity, the rights offered by such unions—recognizing a family entity between unrelated single persons—are most likely pointless, with the exceptional cases being only the remote possibility of people who were adopted contracting a relationship with a biological close family member).

Brazilian law, by the Article 1521 of the Civil Code, also extends the invalidity of marriage between parents and children to grandparents and grandchildren or any other sort of ascendant-descendant relationship (both consanguineous and adoptive), parents-in-law and children-in-law even after the divorce of the earlier couple (see affinity), as well as to stepparents and stepchildren, and former husbands or wives to an adoptive parent who did this unilaterally (regarded as an equivalent, in families formed by adoption, to stepparents and stepchildren); and extends the invalidity of marriage between siblings to biological cousin-siblings.^[36][37] It also formerly prohibited the avunculate marriages and extended the prohibition for marriage between siblings to half-siblings, both cited above, but the Decrete Law 3.200/1941 made marriage possible for those non-ascended/descended in consanguinity of third degree (25%) provided both have health checks.^[36][37]

Brazilian law never held marriages between double first cousins as a reason for invalidity, even though those have a consanguinity as strong as that of half-siblings, and those, as other first cousins, are not asked health checks to marry, doing so in the same way as non-related people. Also legally treated much like non-related people are stepsiblings, while those who are stepsiblings and half-siblings (that is, those who have a half-sibling who is also child of a latter married spouse of one's parent) are treated like half-siblings who are not stepsiblings, being demanded health checks before marrying.

Canada[]

Under Canadian federal law, incest is defined as having a sexual relationship with a sibling (including half-sibling), child/parent or grandchild/grandparent, requiring knowledge of the existence of the blood relationship. Everyone who commits incest is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and, if the other person is under the age of 16 years, to a minimum punishment of imprisonment for a term of five years.^[38]

Chile[]

In Chile, incest between lineal ancestors and descendants and between full siblings is prohibited. It is punishable by up to 1 year in prison.^{[citation needed]}

Cuba[]

Incest in Cuba is illegal. According to article 304.:

1. The ascendant who has sexual relations with the descendant, incurs a penalty of deprivation of liberty for two to five years. The penalty applicable to the descendant is from six months to two years of deprivation of liberty.

2. Siblings who have sexual relations with each other incur a penalty of deprivation of liberty from three months to one year, each.

3. The sanctions provided for in this article are imposed as long as the facts do not constitute a major crime.^[39]

Mexico[]

In Mexico, The crime of incest when the ancestors have sexual relations with their descendants will be punished with a sentence of one to six years in prison.^[40]

United States[]

Laws regarding incest in the United States vary widely among jurisdictions regarding both the definition of the offense and penalties for its commission. The laws regarding incest in the United States article summarizes these laws for individual U.S. states and the District of Columbia.

In the United States, the District of Columbia and every state and inhabited territory have some form of codified incest prohibition. 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. Rhode Island has repealed its criminal incest statute,^[41] and only criminalizes incestuous marriage.^[42][43] Ohio "targets only parental figures",^[41] and New Jersey does not apply any penalties when both parties are 12 years of age or older.^[27][41] The most severe penalties for incest are in Massachusetts, Virginia, Texas and Oregon, which punishes incest with up to 20 years in prison, Georgia where a penalty for incest is up to 30 years in prison, Wisconsin where the penalty for incest is up to 40 years in prison, and in the states of Colorado, Nevada, Montana, Idaho and Michigan where a penalty of up to life imprisonment for incest may be given.

In some states, sex between first cousins is prohibited (see cousin marriage law in the United States by state for cousin sex, as well as cousin marriage, being outlawed in some states). Many states also apply incest laws to non-blood relations, including stepparents, stepsiblings, in-laws and people related through adoption.^[44]

Uruguay[]

Incest in Uruguay is penalized if it causes a public scandal. As article 276 says: Those who, with public scandal, have sexual relations with legitimate ancestors and natural parents recognized or declared such, with legitimate descendants and natural children recognized or declared such, and with legitimate siblings.

This crime will be punished with six months in prison to five years in prison.^[45]

Asia[]

China (Mainland)[]

Criminal Law of the People's Republic of China^[46] Chapter 4 prohibit rape and sexual assault, but not consensual incest.

Hong Kong[]

In Hong Kong, it is illegal to have sexual intercourse with certain close relatives, even if they are consenting adults. The prohibited relationships are grandfather-granddaughter, father-daughter, brother-sister and mother-son. Punishment is up to 20 years' imprisonment for male offenders and up to 14 years' imprisonment for female offenders.^[47] The law does not cover sexual intercourse with more distant relatives, such as an aunt, uncle, niece, nephew and cousin. It only addresses male-on-female and female-on-male sexual intercourse, and it appears that consensual same-sex incest is not illegal. The law makes an assumption that a female below the age of 16 has no ability to consent to sexual intercourse, therefore a female below 16 cannot commit incest.

On 5 December 2019, the Law Reform Commission of Hong Kong ("LRC") published a report on Review of Substantive Sexual Offences making final recommendations for the reform of substantive sexual offences in the Crimes Ordinance (Cap 200). It recommended that "the offence of incest should be reformed to become gender neutral; to cover all penile penetration of the mouth, vagina and anus and other forms of penetration; and be extended to cover uncles (aunts) and nieces (nephews) who are blood relatives as well as adoptive parents"^[48]

India[]

The Indian Penal Code (IPC) does not contain any specific provision against incest and also there is no law to support incest relationships, but there are general provisions relating to sexual abuse of children by their custodian, such as a parent or teacher.^[49][50] More over the rule of kinship or marriage is governed by the different marriage laws.^{[citation needed]}

Japan[]

Consensual incest between adults is legal in Japan.^[51] However, Article 179 of Penal Code stated that a person who "commits an indecent act upon" or "engages in sexual intercourse, etc." with another person "under eighteen years of age by taking advantage of the influence arising from the fact of having custody of that person" is punished in the same manner as prescribed in Article 176 ("Indecency through Compulsion") ie imprisonment for not less than 6 months but not more than 10 years.^[14]

South Korea[]

The Criminal Act does not prohibit consensual incest.^[52] Starting from 20 August 2019, ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT, ETC. OF SEXUAL CRIMES^[53] stipulated that a person who rapes (i.e. through violence or intimidation, has sexual intercourse with) another person in a consanguineous or marital relationship (relatives by blood or marriage within the fourth degree or residing together, including a de facto relationship) shall be punished by imprisonment for a fixed term of at least 7 years, which is heavier penalty than that targeting raping in general (at least 3 years imprisonment) stipulated by the Criminal Act.

Macau[]

According to Macau's civil code, people in direct line kinship or in the second degree of collateral kinship cannot marry each other.^[54]

Malaysia[]

In Malaysia, it is incest to have sexual intercourse with a person who under the law, religion, custom or usage that applies to the person he or she is not permitted to marry on account of their relationship.^[55]

In addition to whipping, persons convicted of incest face a minimum sentence of 6 years' imprisonment and a maximum sentence of 20 years' imprisonment. It is a defense against the charge if the person did not know the relationship was not permitted or if the sexual intercourse was done without his or her consent. Girls below the age of 16 and boys below the age of 13 are deemed to be incapable of giving consent. (The age of consent for sex in Malaysia is 16 for both sexes.^[56])

While it is unclear to which family members the incest law applies, a verdict from the High Court in Sabah and Sarawak in 2011 provided some indication about the sentencing guidelines. It described incest as a "heinous crime" but that the degree of kinship between the parties dictates the "level of repulsion" which the court translates into a sentence imposed. The verdict said the worst on such a scale is incest committed by a father to his biological daughter or a brother to his biological sister, and that such offenders should receive the harshest sentence. It said an uncle and his maternal niece committing incest is not on that same level and, if there was no violence involved, the length of the sentence should reflect it.^[57]

There are more severe sentences for those who commit incest through rape. The offence of incestuous rape is punishable with not less than 8 years' imprisonment and not more than 30 years' imprisonment. In addition, those convicted receive not less than 10 strokes.^[58]

Malaysian law also considers sexual intercourse with the stepfamily to be incestuous.^[59]

Pakistan[]

The legal code of Pakistan defines incest as marriage (consortion) between a male and either his:

• wife or former wife of father, grandfather and further ancestors
• Mother, grandmother and further ancestors
• Daughter, granddaughter and further descendants
• full or half-sister
• parents' sisters, grandparents' sisters and further ancestors' sisters
• daughter, granddaughter and further descendant of full or half-sibling
• suckling ancestor
• suckling sister
• Mother, grandmother and further ancestors of wife or former wife
• Daughter, granddaughter of wife or former wife
• Wife or former wife of true son or grandson and further descendants
• Sororal polygyny

Both participants are guilty if they commit the above acts and are charged with zina.^{[citation needed]}

Philippines[]

Article 81 of the Civil Code of the Philippines considers marriages between the following incestuous and void from their performance:^[60]

1. Between brothers and sisters, whether of the full or half blood;
2. Between collateral relatives by blood within the fourth civil degree

A similar prohibition can be found in Articles 37 and 38 of the Family Code.^[61]

In the 1973 visa proceedings case of In re: Bautista, an Immigration Officer denied entry to a married couple who were second cousins. In reaching the decision, the immigration officer relied on subsection 1 of Article 81 of the Civil Code. However, on appeal, it was found that the parties were collateral relatives and therefore fell under subsection 2 of the same Code, which prohibits marriages between relatives by blood within the fourth civil degree. The fourth civil degree includes first cousins. Second cousins, who are the children of first cousins, fall under the fifth civil degree and are not covered by the prohibition. The marriage, being valid under the laws of the place of celebration, was then recognized for immigration purposes only.^[62]

In addition, the Code of Muslim Personal Laws of the Philippines^[63] prohibit by consanguinity (tahrimjbin-nasab) the following marriages:^[64]

1. Ascendants and descendants of any degree;
2. Brothers and sisters, whether germane, consanguine or uterine; and
3. Brothers or sisters and their descendants within the third civil degree.

While incestuous marriage is illegal in the Philippines, there is no legislation which prohibits out-of-marriage incestuous sexual acts between two consenting adults.^[65]

Singapore[]

Section 376G of the Penal Code specifies that
"Any person (A) of or above 16 years of age who — (a) penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person of or above 16 years of age who is a close family relative (B); (b) sexually penetrates, with a part of A’s body (other than A’s penis, if A is a man) or anything else, the vagina or anus, as the case may be, of a person of or above 16 years of age who is a close family relative (B); (c) causes or permits a man of or above 16 years of age who is a close family relative (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of A; or (d) causes or permits a person of or above 16 years of age who is a close family relative (B) to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus, as the case may be, of A, knowing that B is a close family relative, shall be guilty of an offence." ^[66]

Taiwan[]

In Taiwan, Article 230 of the Criminal Code of the Republic of China^[67] prohibits sexual intercourse between any lineal relatives by blood or collateral relatives within the third degree of relationship by blood. Violators may be imprisoned for up to 5 years.

Article 968 of the Civil Code^[68] states that "the degree of relationship by blood between a person and his lineal relative by blood shall be determined by counting the number of generations upwards or downwards from himself [as the case may be], one generation being taken as one degree. As between the person and his collateral relative, the degree of relationship shall be determined by the total number of generations counting upwards from himself to the common lineal ancestor and then from such common ancestor downwards to the relative by blood with whom the degree of relationship is to be determined."

Thailand[]

Incestuous relations between persons (over 15 years old) are not prohibited by law,^[69] though a marriage cannot take place if the man and woman have blood relations in the direct ascendant or descendant line, or brother or sister of full or half blood. The said relationship shall be in accordance with blood relation without regard to its legitimacy.^[70][71]

Turkey[]

Sibling marriage and avunculate marriage is prohibited, while cousin marriage is legal.^[72] Marriage between parents and offspring is also prohibited, even when there is no blood relationship, i.e. adoptive parent or parent-in-law.^[72]

Vietnam[]

Incest between people of direct blood line is illegal in Vietnam and is punishable by sentencing to between 6 months and 5 years of imprisonment.^[73]

Europe[]

Most European countries prohibit incest;^[74] apart from those listed below, these include: (all articles refer to the Penal Codes) Albania Article 106,^[75] Ukraine Article 155 Paragraph 2,^[76] Slovenia Article 195,^[77] Slovakia Section 203,^[78] Serbia Article 197,^[79] Poland Article 201,^[80] Norway Article 197 and 198,^[81] Hungary Article 199,^[82] Bulgaria Article 154,^[83] and Cyprus Article 147.^[84]

Countries that allow incest between consenting adult siblings include France, Spain, and Portugal.^[85]

Austria[]

In Austria, incest between lineal ancestors and descendants and between full siblings is prohibited. It is punishable by up to 3 years in prison.^[86]

Czech Republic[]

Section 188 of the Czech Criminal code^[87] prohibits incest between lineal ancestors and descendants and siblings. The maximum penalty is 3 years of imprisonment.^{[citation needed]}

Denmark[]

In Denmark, incest is sex between lineal ancestors and descendants and between full siblings. Sex with a descendant is punishable by up to 6 years imprisonment. Sex between siblings is punishable by up to 2 years imprisonment.^[88][89]

Estonia[]

In Estonia, sexual intercourse or commission of another act of sexual nature by a parent, person holding parental rights or grandparent with a child or grandchild is punishable by 2 to 8 years imprisonment.^[10]

Finland[]

In Finland, sexual acts between one's full sibling (but not half-sibling), ancestor or descendant are punishable by a fine or up to two years in prison for "sexual act between close relatives". However, no punishment is given to a person who was under 18 years old when performing a sexual act with a parent or grandparent or if the person was forced or illegally persuaded to perform the sexual act.^[90] The marriage law defines, that marriage between one's sibling, half-sibling, ancestor or descendant is forbidden.^[91]

France, Belgium, and Luxembourg[]

The 1810 penal code, which was promulgated by Napoleon I and adopted throughout most of Europe, abolished incest laws in France,^[35] Belgium, and Luxembourg.

In 2010, France reinstated laws against incest by introducing article 222-31-1 of the penal code. From February 10, 2010, to September 17, 2011, rape and sexual assault were classified as incest when they are committed "within the family on a minor by an ascendant, a brother, a sister or any other person, including a cohabitant of a family member, who has de jure or de facto authority over the victim."^[92]

There were subsequently multiple changes to the definition of incest.

On 16 September 2011, the Constitutional Council repealed article 222-31-1 of the penal code, saying that if it was possible for the legislator to institute a particular penal qualification to designate incestuous sexual acts, they could not, without disregarding the principle of legality of offences and penalties, refrain from precisely designating the persons who must be considered, within the meaning of this qualification, as members of the family.^[93]

Incest was once again reinstated on 2016. From March 16, 2016, to August 6, 2018, rape and sexual assault are considered incestuous when they are committed on a minor by:

(1) An ascendant;
(2) A brother, sister, uncle, aunt, nephew or niece;
(3) The spouse or partner of one of the persons mentioned in (1) and (2) or the partner bound by a civil solidarity pact with one of the persons mentioned in the same 1° and 2°, if he or she has de jure or de facto authority over the minor.^[94]

On 6 August 2018, "if he has minor a de jure or de facto authority" in (3) was changed to "if he has victim a de jure or de facto authority."^[95]

Germany[]

In Germany, incest is legally defined as vaginal intercourse between lineal ancestors and descendants (parents, grandparents, great-grandparents and their children, grandchildren, great-grandchildren) and between full and half-siblings (due to this definition incest between parties of the same sex are technically not punishable).^[96] The penalty is a fine or up to 3 years of prison. Incest between relatives who are minors (below 18 years old) at the time of offence is not punishable but remains a crime, therefore aiding and abetting of incest between related minors is punishable.^[97]

Regarding marriage, the same rules apply and prohibit marriage between aforementioned relatives. Marriages between siblings by adoption are also prohibited.^[98]

The criminal liability of incest among consenting adults is disputed among German citizens and politicians. In the case of Patrick Stübing, the Federal Constitutional Court ruled in 2008 that the criminalization of incest is constitutional in a 7:1 vote with one judge dissenting.^[99]

In September 2014 the majority of the German Ethics Council recommended that the government abolish laws criminalizing consensual incest between adult siblings, while not broaching the question of to what extent criminal liability for incest between parents and children of legal age might be abrogated.^[100][101]

In a dissenting vote, nine members of the Council explain that they oppose any repeal of Section 173 of the Criminal Code or a change that would qualify criminal liability. In this view, the central concern of the provision is precisely the protection of the integrity and incommensurability of different familial roles as an important precondition to successful personality development. They acknowledge that under the purview of Section 173 of the Criminal Code, some couples run afoul of a tragic life-situation. For these persons, some reckoning could be made, even without a statutory intervention into the process of the application of the law, for instance by closing an investigation by a public prosecutor.^{[citation needed]}

Greece[]

Article 345^[102] of the Greek Penal Code as modified by Article 2, Paragraph 8 of Law 3625/2007^[103] and Article 3 Paragraph 10 of Law 3727/2008^[104] prohibits incestuous relations between relatives of both ascending and descending line, and between half or full siblings, and imposes (1) for the ascending relative (for example father, uncle, grandfather etc.): at least 10 years' imprisonment if the descending relative is under 15 years old, imprisonment if 15 but not 18 years old, and maximum 2 years' imprisonment if 18 years and older; (2) for the descending relative (for example child, nephew etc.) maximum 2 years' imprisonment; (3) for half- or full siblings maximum 2 years' imprisonment. Paragraph 2 of Article 345 Penal Code also states that if the descending relative and the half or full siblings were under 18 years old, they might be cleared of any charge.

Also, Article 1357^[105] of the Greek Civil Code prohibits the marriage of relatives of direct blood line in totality, and up the four degrees of consanguinity of the secondary blood line (for example you can marry the first cousin of your mother / father, but not your first cousin). Article 1358 of the Greek Civil Code also prohibits the marriage of relatives in law totally in direct blood line, and up the third degree of the secondary blood line.

Iceland[]

Article 200^[106] of the Icelandic Penal Code prohibits incestuous relations between relatives of both ascending and descending line, and between half or full siblings, and (1) imposes for the ascending relative (for example father, uncle, grandfather etc.): imprisonment up to a maximum of 12 years if the descending relative is between 15 and 17 years old, imprisonment up to a maximum of 8 years if 18 years and older; (2) for siblings a maximum 4 years' imprisonment—if the half or full siblings were under 18 years old, they might be cleared of any charge.

Republic of Ireland[]

Incest is illegal in the Republic of Ireland under the Punishment of Incest Act 1908,^[107] which pre-dates the foundation of the state.

It is illegal for a male to have sexual intercourse with his granddaughter, mother, daughter, sister, or half-sister; and for a female (over sixteen years of age) with her grandfather, father, son, brother, or half-brother. The act does not refer to other familial relationships (such as grandson-grandmother), or same-sex relations.^[107]

Prior to the amendment of the 1908 Act in 2019, incest was punishable by up to 7 years' imprisonment for a female and up to life imprisonment for a male. The Criminal Law (Sexual Offences) (Amendment) Act 2019 amended the Act of 1908 to provide for a maximum term of 10 years' imprisonment for both males and females.^[108][109]

Occasionally, offenders convicted of incest will be admitted to a psychiatric hospital for psychiatric treatment.^{[citation needed]}

Italy[]

Incest is illegal in Italy only if it provokes public scandal, according to Article 564 of the Penal code and punishable from 2 to 8 years' imprisonment, open to more years for the older person if the other was under aged.^[110]

Latvia[]

Incest is not criminally prohibited in Latvia except as part of the general protection of adolescents from sexual abuse.^[111]

Lithuania[]

Criminal Code of Lithuania does not explicitly foresee a criminal punishment for incest between adults, however it does state that "A father, mother, guardian, custodian or another lawful representative of a child or a person holding statutory powers in respect of a minor who has sexual intercourse or otherwise satisfied his sexual desires with that minor, in the absence of characteristics of a rape, sexual assault or sexual abuse, shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to six years." Thereby, the law explicitly foresees a criminal punishment for incest between a parent and a child or for persons of similar standing.^[112]

Netherlands[]

Consensual incest between adults is legal in the Netherlands.^[27] Marriage is forbidden between ancestors and descendants or between siblings, although the Minister of Justice may grant dispensation in the case of siblings by adoption. Marriage between blood relations of the third and fourth degree are possible, but require both partners to sign a declaration of consent. (Dutch civil law book 1, articles 41 and 42.^[113])

Norway[]

Incest is illegal in Norway and is defined as intercourse between ancestors and descendants (including adopted descendants), siblings, and even stepfamily. It is punishable by up to 6 years in prison.^[114]

Poland[]

In Poland, incest is defined in Article 201 of the Penal Code^[115] as sexual intercourse with an ancestor, descendant, guardian, ward, brother, or sister, and is punishable by imprisonment for no less than 3 months and no more than 5 years.

Portugal[]

Incest is not specifically prohibited under Portuguese law.^[116]

Romania[]

Incest is defined in the Penal Code as "consensual sexual relations between lineal relatives or between siblings" and is punished by a year to 5 years in prison.^[117]

Russia[]

In Russia, consensual sex between adults, including incest, is not a crime.^[27][118] However, under the Family Code of Russia, persons who are related lineally, siblings, half-siblings, and a stepparent and a stepchild may not marry.^[119]

Slovenia[]

Incest in Slovenia is not criminally prohibited unless one person is a minor. A person who has sexual relations with a blood relation minor is punished to 2 years in prison.^{[citation needed]}

Spain[]

Consensual incest between adults is legal in Spain.^[27]

Sweden[]

Incest with a descendant or a full sibling is prohibited by law in Sweden.^[120][121] Half-siblings can marry, but require special approval by the government.

Switzerland[]

Article 213 of the Swiss Criminal Code prohibits incest. Intercourse among siblings or other persons related by blood in direct line is punishable by up to 3 years' imprisonment.^[122] The federal government proposed to abolish this prohibition in 2010, arguing that in the few cases where persons were convicted of incest (three since 1984), other sexual crimes such as child sexual abuse were also committed.^[123]

United Kingdom[]

Legislation regarding sexual offences in the United Kingdom is devolved. Sex with an adult who is related as parent, adoptive parent, grandparent, child, adopted child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece, is illegal. In England and Wales the offence is against the Sexual Offences Act 2003^[124] which effectively replaced the offence of incest with two new wider groups of offences: familial child sex offences (sections 25–29) and sex with an adult relative (sections 64–65). The punishment for sex between adults knowingly related in the aforementioned ways via penetration is liable to a maximum imprisonment for a term not exceeding 2 years.^[24] While sexual activity with a child family member can incur imprisonment for a term not exceeding 14 years.^[25] These laws are intended to protect the rights of people, so as to avoid potential violation. However, these laws still outlaw consensual sexual relationships between family members, even if they are fully willing and knowledgeable of the potential consequences.^[125] There has been some debate surrounding the rhetoric used by the Sexual Offences Review Team. Roffee discusses how the language used manipulates the reader to deem consensual familial sexual acts as not only illegal, but also immoral.^[126] In Northern Ireland similar offences are against the Sexual Offences (Northern Ireland) Order 2008.^[127]

In Scotland the offence is against the Criminal Law (Consolidation) (Scotland) Act 1995,^[128] the provisions of which effectively replaced the Incest and Related Offences (Scotland) Act 1986^[129] (although the 1986 Act was not actually repealed until 2010).^[130] Prior to the 1986 Act the law was based on the Incest Act 1567 which incorporated into Scots criminal law Chapter 18 of the Book of Leviticus, using the version of the text of the Geneva Bible of 1562.^[131] In January 2016 a petition calling for "Adult Consensual Incest" to be decriminalised was submitted to the Scottish Parliament's Public Petitions Committee, but the petition was not debated and no change was made to the law.^[132] In August 2016 and December 2017 further petitions were submitted to the Scottish Parliament's Public Petitions Committee.^[133][134]

Oceania[]

Australia[]

In Australia, federal marriage law prohibits marriage between an ancestor and descendant or siblings (including a sibling of half-blood), including those traced through adoption.^[135] However, under federal law, sexual conduct between consenting adults (18 years of age or older) is legal,^[136][137] which also applies to close family members. Subject to this overriding federal law, incest continues in the statute books as a crime in every Australian jurisdiction,^[138] but what constitutes incest and penalties vary.

In all Australian states and territories except New South Wales, sexual intercourse between a lineal ancestor and a lineal descendant is incest. In New South Wales, incest involves "close family members", which are "parent, son, daughter, sibling (including a half-brother or half-sister), grandparent or grandchild, being such a family member from birth".^[139] In Queensland, unlawful incest also includes sexual intercourse between an uncle or aunt with their niece or nephew, although here its application is curtailed by the effect of the federal Marriage Act 1961, as the Queensland Criminal Code states that the crime of incest does not apply to "persons who are lawfully married or entitled to be lawfully married". Thus it is not incest for a niece aged 16 or over to engage in sexual intercourse with her uncle or a nephew aged 16 or over to engage in sexual intercourse with his aunt. The same principles apply in a same-sex context, as the Marriage Act allows same-sex marriage.

In New South Wales incest is generally only applied in cases where both participants are aged 16 or over (the age of consent in the state). Where a participant is aged between 10 and 16 years of age the older participant would generally be charged with sexual intercourse with a child under the age of 16, while in cases when a participant is under 10, the older participant would generally be charged with sexual intercourse with a child under the age of 10.

In the other states and territories, incest can also arise where one of the parties 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 under the age of 10 (New South Wales and Northern Territory), 12, 16 or 17 (South Australia and Tasmania) as the case may be. 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 state or territory is consent a defense to incest. The maximum penalty for incest varies: 8 years' imprisonment in New South Wales;^[139] 10 years' imprisonment in South Australia; 20 years' imprisonment in Western Australia and the Australian Capital Territory; 25 years' imprisonment in the Northern Territory, Victoria, and Tasmania; and life imprisonment in Queensland. After one conviction for incest, the offender's name is placed on the sex offender registry for 15 years, while any offender with two or more convictions for incest has their name placed on the registry for the remainder of their life.

No particular laws apply to relationships arising from a sperm donation.^{[citation needed]}

New Zealand[]

In New Zealand, incest is sexual connection between a parent and child (both biological and adopted), grandparent and grandchild (both biological and adopted), and full and half-siblings.

It is a defence if the person was unaware of the relationship at the time of the act (i.e. accidental incest). A conviction for incest attracts a maximum penalty of 10 years' imprisonment.^[140] Incest is the only sexual crime punishable by 7 years or more imprisonment that is not subject to the country's "three-strikes" law.^[141]

It is also illegal in New Zealand to have a sexual connection with a dependent child under 18; this includes step-children, foster children and wards. A conviction for having a sexual connection, or attempting to have a sexual connection, with a dependent child attracts a maximum penalty of 7 years' imprisonment.^[142]

See also[]

• Jewish views on incest
• Mahram

References[]

External links[]

• Hughes, Graham. "The Crime of Incest." Journal of Criminal Law and Criminology, Fall 1964. Volume 55, Issue 3 (September), Article 2, p. 322-331.