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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: 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 adoptionor step relations.
Consensual incest between adults is legal in Côte d'Ivoire(Ivory Coast).
In South Africa, since 2007, incest is the sexual penetrationbetween persons who are related as follows: 1. lineally, that is, if one person is a direct descendant of the other. 2. 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. 3. within the first degree of affinity, that is, where one person is the direct ancestor or descendant of the spou...
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. Incest is classified as "sexual intercourse within a prohibited degree of relationship".A prohibited degree of relationship would be that of a parent and his or her natural or adoptive child, a step-parent and his or her step-child, whether the step-child's parent and step-parent are married...
In Argentina, incest is legal if both individuals are over the minimum age of consent.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).
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 p...
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..
Criminal Law of the People's Republic of ChinaChapter 4 prohibit rape and sexual assault, but not consensual incest.
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.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-femal...
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. More over the rule of kinship or marriage is governed by the different marriage laws.
Most European countries prohibit incest; apart from those listed below, these include: (all articles refer to the Penal Codes) Albania Article 106, Ukraine Article 155 Paragraph 2, Slovenia Article 195, Slovakia Section 203, Serbia Article 197, Poland Article 201, Norway Article 197 and 198, Hungary Article 199, Bulgaria Article 154,and Cyprus Article 147. Countries that allow incest between consenting adult siblings include France, Spain, the Beneluxand Portugal.
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. However, under federal law, sexual conduct between consenting adults (18 years of age or older) is legal, 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,but what constitutes incest and penalties vary...
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.Incest is the only sexual crime punishable by 7 years or more imprisonment that is not subject to the country's "three-st...
Hughes, Graham. "The Crime of Incest." Journal of Criminal Law and Criminology, Fall 1964. Volume 55, Issue 3 (September), Article 2, p. 322-331.
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