Auckland Court Goes Easy on Consensual Adult Sex Charge

But isn't it stupid to convict in the the first place? Or even charge them with a crime? I was alerted to this apparent Genetic Sexual Attraction news by Saturn of the Incest News blog. As Saturn points out...

It's unknown whether they actually had sex together, but there is evidence of interest in doing so.

I also agree that...

Adultery is very harmful, but in this situation there should be some understanding about how powerful an attraction can be to a long lost relative. If there had been more knowledge and compassion, perhaps the situation could have turned out better.

I am consistent in saying that one should not have sex if that would violate an existing vow to another. If one is in a relationship that is not open to her or him having sex with this additional person, don't have the sex, or renegotiate the existing agreement(s), or end the existing relationship(s). Adultery, however, should not be a criminal matter. Nor should any consensual adult sex.

From the New Zealand Herald...

An Auckland public official has been convicted of planning a sexual relationship with his long-lost biological daughter whom he had not seen since she was a child.

The man, 58, and his daughter, 41, jointly charged with conspiracy to commit incest, were convicted in the Auckland District Court this week.

They are both adults. So why is this a crime?

The daughter left her husband and children and returned to New Zealand in October 2008 to live with her father and his family.

The daughter's husband in the UK became suspicious and hired a private investigator to tail the pair. He then laid a complaint with the New Zealand police, who laid charges in March last year of conspiracy to commit incest and committing incest.

I know she was wrong to violate her apparent vows to her husband, and it has to be hard on him, but he could have simply filed for divorce. It was also wrong for her to abandon her children.

The pair denied having sex and the more serious incest charge was later withdrawn by police.

But the case has destroyed the man's 36-year marriage and relationships with his other adult children. His occupation has been suppressed and he has been stood down for an internal inquiry.

So they were both committed to others. This is something that someone experiencing GSA should always consider. What they shouldn't have to fear is loss of job or criminal charges.

The couple pleaded guilty to the conspiracy charge and asked Judge Lindsay Moore to discharge them without conviction.

He refused, but gave them suspended sentences, so they escape further penalty unless they commit another crime in the next year.

Judge Moore should have simply tossed the case out.