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Monday, January 10, 2011

Without a Victim, It Shouldn’t be a Crime

David Epstein’s case continues to get people talking.

Do you think both should be charged with incest?

So do you think Incest is a two-way street? I think Incest is a two way street.

Neither should be charged with a crime. Incest should not be a crime when it involves consensual sex. It should only be a factor that enhances sentencing for child molestation, child rape, and statutory rape, which are already crimes. Rape or sexual assault involving two or more non-dependent adults should bring severe sentences regardless of whether the people involved are a related.

If David Epstein’s daughter was a consenting party, the law should have nothing to do with this.

Mom2Max is clearly disgusted by the idea, but still sees that this is not a criminal matter…

However sick and disgusting incest may be – I don’t see how it is a crime if the sex was consensual. What business is it of the governments is neither of the parties have a problem with it?

Excuse me while I go vomit now.

Nova…

God, they should get rid of incest laws. Incest is a two way street. If it’s consensual, what’s the problem? Both people want it.

Thank you.

indie chick…

No. Incest USUALLY occurs when one of the victims is raped.
rape is not a two way street.

We actually have no way of knowing for sure how much consensual sex there is between close relatives, whether adults or minors who are close in age. I have witnessed and read many credible accounts of consenual sex between close relatives. So statements that incest “usually” occurs through rape is a statement that can’t be definitively supported. Rape, of course, should be illegal.

most people will not willingly have sex with their relatives.

Most people will not have intergenerational sex, and most men will not willingly have sex with another man, but we don’t make those things illegal.

Whether or not something should be illegal is a different question than whether or not someone wants to do it themselves. Most people can’t seem to give any reason as to which Esptein should be charged with a crime other than “I wouldn’t want to do that.” That’s not a good enough reason.
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