Sexual intercourse between persons so closely related that they are forbidden by law to marry

Question

incestsexual intercourse between persons so closely related that they are forbidden by law to marry  ; also : the statutory crime of such a relationshipWhat is a 'statutory crime', how does it differ from a 'general' crime?Why is incest forbidden by law? It can be forbidden by a religion but what law has to do with it. In what way it can harm a society? Doesn't classifying it a crime invalidate the First Amendment?

Clive · Accepted Answer

Hi,

incest

sexual intercourse between persons so closely related that they are forbidden by law to marry ; also : the statutory crime of such a relationship

What is a 'statutory crime', how does it differ from a 'general' crime?

Have a look here at the concept of 'common law'.

Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals (called case law), rather than through legislative statutes or executive action.

http://en.wikipedia.org/wiki/Common_law_system

Why is incest forbidden by law? It can be forbidden by a religion but what law has to do with it. In what way it can harm a society? Many societies don't want, for example, a son to have *** with jhis mother. They find the idea abhorrent, and fear that the result will be babies with genetic defects.

Doesn't classifying it a crime invalidate the First Amendment? You'd have to ask a lawyer. I assume you are thinking of freedom of religion. My feeling is that it is not just a religious matter. In addition, does not the law have at least some jurisdiction over religion? For example, what if my religion told me it was OK to have *** with a small child? Would you expect the First Amendment to protect me?

Finally, let me note that the First Amendment has no jurisdiction in Canada, or in any country other than the USA.

Where you live, is incest legal?

Best wishes, Clive

AlpheccaStars · Answer

Jackson:

Many of our laws - developed in the legislative and judicial branches of government - originate in cultural and religious precepts.

In this case, there are three reasons for making incest punishable.

Incest has been considered immoral long before the Christian era. In Sophocles’s 5th century BCE tragedy of Oedipus the King, it was foretold at his birth that he would kill his father and marry his mother. Through a set of unfortunate circumstances, the prophesy comes true. When Oedipus discovers the truth, he blinds himself and is exiled from his land. His mother commits suicide and his son and daughters also meet tragic ends. The punishment for the crime of incest fell on all those who were associated with it.

We know now that intermarriage between closely-related people can propagate genetic defects. There were so many European royals related to Queen Victoria, who developed haemophilia, that it was called "the royal disease."

Children need to be protected from molestation from close family members. A parent or uncle who molests a young girl or boy can cause permanent psychological damage.

So, for sound medical as well as moral reasons, we have laws against marriage between close relatives.

Sexual intercourse between persons so closely related that they are forbidden by law to marry

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