NCJ Number
53038
Journal
Australian Journal of Forensic Sciences Volume: 10 Issue: 1&2 Dated: (SEPTEMBER-DECEMBER 1977) Pages: 30-42
Date Published
1977
Length
13 pages
Annotation
AN OVERVIEW OF INCEST AND INCEST LAW IN AUSTRALIA AND IN OTHER COUNTRIES IS PRESENTED, ARGUMENTS FOR AND AGAINST RETAINING INCEST AS A SEPARATE CRIME ARE WEIGHED, AND LAW REFORMS FOR NEW SOUTH WALES ARE SUGGESTED.
Abstract
A REVIEW OF INCEST LAWS IN AUSTRALIAN STATES POINTS UP INCONSISTENCIES IN SANCTIONS AND DEFINITIONS FROM STATE TO STATE, AS WELL AS A GENERALLY MORE LENIENT ATTITUDE TOWARD FEMALE OFFENDERS THAN TOWARD MALES. APPROACHES TO INCEST LAW IN CANADA, NEW ZEALAND, THE UNITED STATES, AND EUROPEAN COUNTRIES ARE SUMMARIZED; AND STATISTICS ON THE INCIDENCE OF INCEST, THE CHARACTERISTICS OF OFFENDERS AND VICTIMS, AND OTHER ASPECTS OF THE CRIME IN ENGLAND AND WALES AND IN NEW SOUTH WALES ARE PRESENTED. ARGUMENTS SUPPORTING A SEPARATE OFFENSE OF INCEST ARE COUNTERED, INCLUDING THE CONTENTION THAT INCEST LAWS ARE NECESSARY TO MINIMIZE INBREEDING AND ITS CONSEQUENCES. IT IS CONCLUDED THAT A SEPARATE OFFENSE OF INCEST IS UNNECESSARY IN NEW SOUTH WALES. WHILE CHILDREN DO NEED TO BE PROTECTED AGAINST INCESTUOUS ADULTS, THAT PROTECTION ALREADY EXISTS UNDER OTHER PROVISIONS OF THE LAW. SEXUAL RELATIONS IN PRIVATE BETWEEN CONSENTING ADULTS, REGARDLESS OF THEIR GENETIC TIES, IS NOT A PROPER SUBJECT FOR THE CRIMINAL LAW. ELIMINATING INCEST AS A SEPARATE OFFENSE SHOULD HELP TO DO AWAY WITH THE NOTION OF INCEST AS SUCH, TOGETHER MISCONCEPTIONS ASSOCIATED WITH IT. IN ADDITION, THE CRIMINAL LAW, AT LEAST IN ONE RESPECT, WOULD CEASE TO BE A TOOL FOR ENFORCING MORALITY. (LKM)