Wednesday, January 26, 2011

Uncle and Niece May Face Charges

An angry wife asked, “Can I press charges on my husband and his niece for incest in California?”

I caught my husband, 41 and his niece, 27 having an on going affair for quite some time. There are several witnesses to such disgusting act. The niece is my husband's brother's daughther. Can I press charges on them, since I read that incest is illegal in California and its a felony?

California does not criminalize adultery, but since California still criminalizes consensual sex between close relatives, it is left up to the local police and District Attorney. If this woman filed a police report, it could happen. Someone could be sent to jail for consensual sex. Hopefully, the authorities would do the reasonable thing and instead simply refer her to a divorce attorney, rather than wasting the criminal justice system's resources on consensual sex.

While I’m against cheating, I don’t think it should be a criminal matter and I don’t think any sex between consenting adults should be illegal. But certainly the law, as it is now, could come into play.

California also has no-fault divorce and community property. As such, if this woman’s husband earns more than she does, he would likely have to pay her if she divorced him, and see certainly should if she is so upset that she wants him criminally prosecuted.

She got some responses to her question, with some people mistakenly believing there was no law broken. Others clarified.


I wish to inform you that under California Code 285 your spouse may be held guilty of incest. In this regard you may file a complaint with law enforcement agencies. You will require evidence to be provided to police so that they may take necessary legal action.


FC 2200 defines the relationships which are prohibited to marry and this, in turn, defines what would be considered incest.

2200. Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces or aunts and nephews, are incestuous, and void from the beginning, whether the relationship is legitimate or illegitimate.

As such, an uncle cannot marry his niece in CA and that such a sexual relationship (involving ONLY intercourse - not other sexual acts) would be incestuous and a crime per PC 285.

Can you believe such a law is on the books in California? Then again, so is Prop H8. Both should be scrapped.
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1 comment:

  1. California is a backwards liberal state. It is no ones business so long as the sex is consensual and between adults. If Gays are allowed to marry why not an Uncle and a Niece? Who makes these rules anyways?


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