NCJ Number
55484
Date Published
1978
Length
11 pages
Annotation
AN ALTERNATIVE LEGAL AND THERAPEUTIC APPROACH TO THE PROBLEM OF INCEST IS DESCRIBED, BASED ON 20 YEARS OF CLINICAL EXPERENCE OF THE MCGILL CLINIC IN FORENSIC PSYCHIATRY, MONTREAL, CANADA.
Abstract
FOR CLINICAL PURPOSES, INCEST IS MORE WIDELY DEFINED THAN IT IS IN LAW; THE CLINICAL DEFINITION INCLUDES A VARIETY OF SEXUALLY-RELATED ACTS, WITH SEXUAL INTERCOURSE AT THE END OF THE CONTINUUM. THE DYNAMICS OF FATHER-DAUGHTER INCEST, THE MOST COMMONLY REPORTED TYPE, HOMOSEXUAL INCEST, MOTHER-SON INCEST, AND SIBLING INCEST ARE BRIEFLY REVIEWED. THE DISCUSSION THEN FOCUSES ON FATHER-DAUGHTER INCEST. IN CANADA THERE ARE TWO LEGAL RESPONSES TO INCEST. THE FATHER MAY BE CHARGED IN EITHER CRIMINAL COURT OR IN FAMILY COURT, WITH VERY DIFFERENT CONSEQUENCES. CRIMINAL COURT HANDLES ONLY CASES OF CONSUMATED INCEST WITHIN A NARROWLY DEFINED RANGE OF RELATIONSHIPS. OTHER THAN THESE TWO CLEAR-CUT CRITERIA, HOWEVER, THE HANDLING OF INCEST CASES DEPENDS UPON THE DISCRETION OF THE PROSECUTION. THE EXPERIENCE OF THE MCGILL CLINIC IS BRIEFLY SUMMARIZED. IT IS FOUND THAT THE RECIDIVISM OF INCEST IS RARE WHEN PROPERLY HANDLED AT TIME OF DISCLOSURE. HEALTHIER ROLES FOR THE ENTIRE FAMILY OFTEN RESULT. IT IS SUGGESTED THAT MOST INCEST CASES CAN SAFELY BE DECRIMINALIZED. THOSE THAT REQUIRE STRONGER INTERVENTION CAN BE HANDLED BY THE FAMILY COURT. THIS WOULD INCLUDE CASES OF REPEATED SEXUAL PATHOLOGY OR A RELATIONSHIP WHICH IS MORE ASSAULTIVE. CLINICAL TREATMENT APPROACHES FOR THE FATHER, THE MOTHER, AND THE DAUGHTER ARE BRIEFLY OUTLINED. IT IS CONCLUDED THAT INCEST IS BEST HANDLED OUTSIDE THE JUDICIAL PROCESS. REFERENCES ARE APPENDED. (GLR)