NCJ Number
94926
Journal
Journal of Family Law Volume: 22 Issue: 3 Dated: (1983-84) Pages: 483-536
Date Published
1984
Length
54 pages
Annotation
Following a definition of incest, this article describes the history of incest and incest theories, emphasizing the feminist critique and the contrasts between victim and perpetrator perspectives; offers assertions about the perpetuation of incest in current times; reviews existing legal responses to incest and current reforms; and offers proposals addressing the underlying attitudes about females that must be changed if incest is ever to be eliminated.
Abstract
Incest is a social problem rooted in the subordinate status of women and children in relation to men in a patriarchal culture. Feminists call for action against incest through consciousness raising, coalition building, pornography protest, and legal reform. Traditional legal responses and current legal reforms continue to embody an 'ethic of justice/contest of rights' philosophy that places parents and children in adversarial positions, deters reporting of incestuous behavior, and blinds society to the scope of the problem through its class-biased solution to this classless crime. To eliminate incest, the underlying patriarchal conceptions of women and children must be changed. The prevention of incest rests largely on the willingness of women and children to expose this sexually exploitive behavior. Their willingness depends, in turn, on the presence of effective, helpful community aid. Legal and community reforms that adopt the victim's perspective and focus on maintaining the children's network of relationships and on empowering mothers economically, physically, and emotionally will be the most effective in eliminating incest and its consequent oppression of children and women. A total of 328 footnotes are provided.