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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.

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.

Regarding marriage, the same rules apply and prohibit marriage between aforementioned relatives. The criminal liability of incest among consenting adults is disputed in Germany.

In the case of Patrick Stübing , the Federal Constitutional Court ruled in that the criminalization of incest is constitutional in a vote with one judge dissenting.

In September the German Ethics Council recommended that the government abolish laws criminalizing consensual incest between adult siblings, arguing that such bans impinge upon citizens.

Paragraph 2 of Article 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.

Article 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.

Article [89] 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.

Incest is illegal in the Republic of Ireland under the Punishment of Incest Act , [90] 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. Prior to the amendment of the Act in , 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 amended the Act of to provide for a maximum term of 10 years' imprisonment for both males and females.

Occasionally, offenders convicted of incest will be admitted to a psychiatric hospital for psychiatric treatment. Incest is illegal in Italy only if it provokes public scandal, according to Article 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.

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

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.

Consensual incest between adults is legal in the Netherlands. Marriage is also forbidden between blood relations of the third and fourth degree, unless both partners have signed a declaration of consent.

Dutch civil law book 1, articles 41 and Incest is illegal in Norway and is defined as intercourse between ancestors and descendants, siblings, and even stepfamily.

It is punishable by up to 5 years in prison. In Poland , incest is defined in Article of the Penal Code 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.

Incest is not specifically prohibited under Portuguese law. 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.

In Russia , consensual sex between adults, including incest, is not a crime. 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. Consensual incest between adults is legal in Spain.

Incest with a descendant or a full sibling is prohibited by law in Sweden. Article of the Swiss Penal Code prohibits incest. Intercourse among siblings or other persons related by blood in direct line is punishable by up to 3 years' imprisonment.

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 [] 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— The punishment for sex between adults knowingly related in the aforementioned ways via penetration is liabile to a maximum imprisonment for a term not exceeding 2 years.

However, these laws still outlaw consensual sexual relationships between family members, even if they are fully willing and knowledgeable of the potential consequences.

Roffee discusses how the language used manipulates the reader to deem consensual familial sexual acts as not only illegal, but also immoral.

In Scotland the offence is against the Criminal Law Consolidation Scotland Act , [] the provisions of which effectively replaced the Incest and Related Offences Scotland Act [] although the Act was not actually repealed until 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.

Subject to this overriding federal law, incest continues in the statute books as a crime in every Australian jurisdiction , [] but definitions and penalties vary.

In all jurisdictions except New South Wales , incest is sexual intercourse between a lineal ancestor and a lineal descendant. In New South Wales, incest takes place between "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".

In Queensland , unlawful incest 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 , 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 their uncles and a nephew aged 16 or over may engage in sexual intercourse with their aunts.

The same principles apply in a same-sex context, as the Marriage Act allows same-sex marriage. In all other jurisdictions, 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 Australian state or territory is consent a defense to incest. The maximum penalty for incest varies: 8 years' imprisonment in New South Wales; [] 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. 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. A conviction for incest attracts a maximum penalty of 10 years' imprisonment.

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.

From Wikipedia, the free encyclopedia. Redirected from Laws regarding incest. Family law Family Marriage and other equivalent or similar unions and status.

Types of marriages Cohabitation Concubinage Common-law marriage Civil union Domestic partnership. Validity of marriages.

Marriage license Marriage certificate Prenuptial agreement Matrimonial regime Void and Voidable marriages Annulment Marriageable age Sham marriage.

Dissolution of marriages. Divorce Adultery Grounds for divorce No-fault divorce Matrimonial Causes Act Legal separation Alimony Parenting plan Residence [UK E.

Parenting coordinator U. Other issues. Rights of the Child Children's rights Emancipation Foster care Ward Child support Paper abortion Paternal rights and abortion.

Private international law. Private international law Divorce Marriage Hague Convention adoption International child abduction Hague Convention child abduction Hague Convention maintenance.

Family and criminal code or criminal law. Paternity fraud Bigamy CPS U. Child abuse Domestic violence Incest Child selling Parental child abduction. Main article: Coefficient of relationship.

Prison for opposite-sex couples, legal for same-sex couples. Illegal only if it provokes public scandal. Illegal prison sentence. Illegal up to life imprisonment.

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