NCJ Number
55485
Date Published
1978
Length
8 pages
Annotation
ALTHOUGH BELGIAN CRIMINAL LAW BY-PASSES INCEST AS SUCH, IT TAKES INTO ACCOUNT INCEST AS A COMPONENT OF A SPECIFIC OFFENSE AND AS AN AGGRAVATING CIRCUMSTANCE IN OFFENSES WHICH CAN BE COMMITTED BY ANYONE.
Abstract
INCEST AS A CONSTITUENT ELEMENT OF A SPECIFIC OFFENSE IS MOST GENERALLY INVOKED AS PART OF INDECENT ASSAULT COMMITTED WITHOUT VIOLENCE OR THREATS BY AN ADULT UPON THE PERSON OF A MINOR, DEFINED AS A PERSON AGED 16 YEARS OR UNDER. THIS DOES NOT APPLY IF THE GIRL IS MARRIED, THE ASSUMPTION BEING THAT SHE HAS HER HUSBAND TO PROTECT HER. THE POSSIBLE EFFECTS OF A PROPOSED LOWERING OF CIVIL MAJORITY TO AGE 18 ON THE INTERPRETATION OF THIS LAW IS REVIEWED. RELATED STATUTES ARE SURVEYED. IN GENERAL, THE INCEST PROHIBITION APPLIES TO THE FATHER, MOTHER, AND ANCESTORS OF A LEGITIMIZED CHILD AND TO PARENTS OF AN ILLEGITIMATE CHILD AS WELL AS ILLEGITIMATE ANCESTORS REMOTER THAN THE FATHER OR MOTHER. THE INDECENT ASSAULT PROVISION DOES NOT APPLY TO ADOPTIVE PARENTS NOR TO IN-LAWS. INCEST IS ALSO CONSIDERED AN AGGRAVATING CIRCUMSTANCE RELEVANT TO THE PUNISHMENT OF ANOTHER CRIMINAL ACT. OCCASIONALLY INCEST IS ALSO PUNISHED UNDER LAWS PROHIBITING ANY SEXUAL ACT INFLICTED BY VIOLENCE OR THREATS AND UNDER LAWS PROHIBITING HOMOSEXUALITY. IT IS PROPOSED THAT THE AGE OF CONSENT FOR SEXUAL ACTS BE LOWERED TO 15 AND THAT HOMOSEXUALITY AND MOST SEXUAL MISCONDUCT WITHIN FAMILIES BE DECRIMINALIZED. IT IS ARGUED THAT LEGAL SANCTIONS ARE NOT THE BEST WAY TO HANDLE THESE PROBLEMS. TREATMENT WITHIN THE FRAMEWORK OF THE FAMILY IS CALLED THE APPROPRIATE RESPONSE. NOTES AND REFERENCES ARE APPENDED. (GLR)