NCJ Number
62900
Journal
Child Abuse and Neglect Volume: 3 Issue: 3/4 Dated: SPECIAL ISSUE (1979) Pages: 679-682
Date Published
1979
Length
4 pages
Annotation
THE LEGAL DEFINITION AND PROCESS, PUNISHMENT AND TREATMENT, INCIDENCE, AND RATIONALE FOR THE OFFENSE OF INCEST IN ENGLAND AND WALES ARE DISCUSSED.
Abstract
CURRENTLY, IT IS AN OFFENSE IN ENGLAND AND WALES FOR A MAN TO HAVE SEXUAL INTERCOURSE WITH A WOMAN WHO HE KNOWS TO BE HIS GRANDDAUGHTER, DAUGHTER, SISTER, OR MOTHER. IT IS ALSO AN OFFENSE FOR A WOMAN 16 YEARS OF AGE OR OVER TO PERMIT HER GRANDFATHER, FATHER, BROTHER, OR SON TO HAVE SEXUAL INTERCOURSE WITH HER BY CONSENT. INCEST IS PUNISHABLE BY IMPRISONMENT NOT EXCEEDING 7 YEARS; HOWEVER, IF THE INCEST IS WITH A GIRL UNDER 13 YEARS OF AGE, IMPRISONMENT MAY BE FOR LIFE. THE PUNISHMENT FOR ATTEMPTED INCEST IS IMPRISONMENT NOT EXCEEDING 2 YEARS. NO PROSECUTIONS FOR INCEST MAY BE INITIATED WITHOUT THE APPROVAL OF THE DIRECTOR OF PUBLIC PROSECUTIONS. OF 57 CASES OF FATHER-DAUGHTER INCEST NONCUSTODIAL SENTENCES WERE IMPOSED IN ONLY 9 PERCENT OF THE CASES. IN 12 CASES OF BROTHER-SISTER INCEST, IMPRISONMENT WAS IMPOSED IN ONLY 4 CASES. TREATMENT FOR THE OFFENDER IS RARELY AVAILABLE EVEN WHEN CLEARLY APPROPRIATE. CRIMINAL STATISTICS FOR ENGLAND AND WALES SHOW THAT ABOUT 300 CASES OF INCEST ARE REPORTED EACH YEAR; ABOUT HALF COME TO TRIAL. IN 1908, THE GOVERNMENT TOOK THE VIEW THAT INCEST WAS NOT RARE AND THAT SOCIETY HAD AN INTEREST IN PROHIBITING IT ON GENETIC GROUNDS. THE GENETIC RATIONALE FOR THE OFFENSE WAS REPEATED IN 1974 BY AN APPELLATE COURT, EVEN THOUGH THE MEDICAL EVIDENCE FOR GENETIC DAMAGE FROM INCEST IS SLIGHT. THE PROTECTION OFFERED TO CHILDREN BY THE LAW IS REASONABLE, AND INCEST SHOULD BE RETAINED AS A SEPARATE CRIMINAL OFFENSE. HOWEVER, IT SHOULD BE RESTRICTED TO THE RELATIONSHIPS OF FATHER AND DAUGHTER, GRANDFATHER AND GRANDDAUGHTER, AND BROTHER AND SISTER WHERE EITHER BROTHER OR SISTER IS UNDER 18 YEARS OF AGE. FOOTNOTES ARE PROVIDED. (RCB)