Incest Victims and the Criminal Justice System (From Changing Roles of Women in the Criminal Justice System - Offenders, Victims, and Professionals, P 217-239, 1985, Imogene L Moyer, ed. - See NCJ-99505)

• NCJ Number: 99516
• Author(s): M D Schwartz
• Date Published: 1985
• Length: 23 pages
• Sale Source: Waveland Press, Inc.
• Language: English
• Country: United States of America

Annotation

A discussion of incest and its handling by the criminal justice system focuses on some of the myths that surround the subject and on the issue of whether the goal should be to treat or to punish offenders.

Abstract

Legal issues related to incest are more complex than those regarding forcible rape because of the lack of agreement among researchers, reformers, and the criminal justice system. Although incest is known to occur in families with other serious and preexisting problems, it is incorrectly believed that incest is rare. Problems in dealing with incest include the following: (1) most incest does not involve vaginal intercourse, but the criminal law usually defines incest in those terms; (2) some laws define incest in terms of church law rather than biological knowledge; and (3) the issue of treatment versus punishment for the offender. The literature strongly favors keeping the incestuous family together, although some question this goal in a society with a divorce rate of close to 50 percent. Additional areas discussed are concern for the victim in the courtroom, efforts to minimize the courtroom trauma, and the absence of clear policy or adequate law to deal with with the offender or with the child victim. One note and 84 references are included.