NCJ Number
58555
Journal
Journal of Family Law Volume: 19 Dated: (NOVEMBER 1978) Pages: 93-113
Date Published
1978
Length
23 pages
Annotation
THE SCOPE AND NATURE OF THE CRIME OF INCEST ARE DISCUSSED, AND THE STATUS OF STATE LAWS DEALING WITH INCEST IS ASSESSED.
Abstract
LARGELY BECAUSE OF THE EXTREME SOCIAL STIGMA SURROUNDING INCEST, ACCURATE STATISTICS ON ITS INCIDENCE ARE NOT AVAILABLE. HOWEVER, IT HAS BEEN ESTIMATED THAT OVER HALF OF THE SEXUAL ABUSE OF CHILDREN IS OF AN INCESTUOUS NATURE. INCEST DIFFERS FROM SEXUAL ABUSE OF CHILDREN IN GENERAL, BOTH IN THE NATURE OF HARMFUL PSYCHOLOGICAL EFFECTS ON THE CHILD, AND IN THE DEGREE OF CULPABILITY ON THE PART OF THE OFFENDER. BECAUSE OF THESE DIFFERENCES, INCEST AND SEXUAL ABUSE SHOULD BE TREATED SEPARATELY IN LAW. STATE LAWS PERTAINING TO INCEST SHOULD ACCOMPLISH TWO GOALS: (1) DESIGNATION OF INCESTUOUS BEHAVIOR AS CRIMINAL, SO THAT THE CRIMINAL JUSTICE SYSTEM CAN IDENTIFY VICTIMS AND OFFENDERS AND INTERVENE TO PROTECT VICTIMS FROM FURTHER ABUSE; AND (2) PROVISION OF TREATMENT AND REHABILITATION FOR OFFENDERS. A REVIEW OF THE STRENGTHS AND WEAKNESSES OF STATE LAWS ON INCEST REVEALS THAT, ALTHOUGH A FEW STATES (MICHIGAN, OHIO, NEW HAMPSHIRE) HAVE EFFECTIVE LAWS, MOST LAWS DEAL AWKWARDLY WITH INCEST. IN MANY CASES, THE PROBLEM STEMS FROM EFFORTS TO TREAT INCEST BOTH AS A VICTIMLESS OFFENSE AGAINST PUBLIC MORALITY AND AS AN OFFENSE THAT RESULTS IN GENUINE HARM, BOTH TO THE VICTIM AND TO THE STATE. STATE LEGISLATURES NEED TO EXAMINE THE GOALS OF THEIR INCEST LAWS AND TO RESTRUCTURE THE LAWS ACCORDINGLY. A TABLE SUMMARIZING THE PROVISIONS OF STATE INCEST LAWS (PROHIBITED CONDUCT, INCLUDED PERSONS, PENALTIES) IS INCLUDED, TOGETHER WITH AN ANALYSIS OF, AND EXCERPTS FROM, SOME OF THE LAWS. (LKM)