Frequently Asked Question: Why Is Incest Illegal?

It shouldn’t be illegal anywhere, as you’ll see. As always, we note that we are talking about consensual incest (consanguinamory), such as between consenting adults, and between minors close in age. We are not talking about anything involving coercion or force or molestation. There are laws against rape, assault, and molestation, and they should remain. We are talking about consensual incest, consanguineous sex and marriage, and consanguinamory, whether initiated through Genetic Sexual Attraction or not.

Short answer: It isn’t illegal everywhere, but where it is, it is the lingering result of sex-police holdovers, superstition, prejudice, and legislative inertia.

Long answer:

How Consanguineous Lovers Can Avoid Trouble

Believe it or not, there are still criminal laws in many places criminalizing consensual sex between adults, and there are still police officers who will investigate people for this "crime," still prosecutors who will take the case before a court, and still judges and jurors who will convict people and sentence them to prison. There are still social workers who will take children away from good parents because those parents love other adults.

It doesn't matter to them how loving the relationships are. It doesn't matter if they love each other more than they could love others, it doesn't matter if the lovers didn't even meet each other until they were adults. It apparently doesn't matter to the people interfering that every dollar or minute they spend trying to stop consenting adults from loving each other is a dollar or minute that could instead go into protecting people, especially children, against predators.

In addition to this persecution of consanguinamorous people, there aren't any protections against other forms of discrimination against the consanguinamorous, such as employment discrimination. There are still many states that don't have protections for LGBTQ+ people, either, and polyamorous people are even less protected than monogamous LGBTQ+ people.

I sometimes forget that people don’t follow the news and law as closely as I do for this blog, so they may be unaware of these things. So I want to share with you what I've learned.

First, note the disclaimer that there is an ever-present at the bottom of this blog. I'll mostly repeat it here:

The Red Button

TRIGGER WARNING: Parts of this entry will deal with SA.

Pennsylvania Must Bring Laws in Line With the Constitution

According to a paywalled story found here, a man charged for "incest" for having consensual (to be redundant) sex with another adult is challenging the Constitutionality of Pennsylvania's unjust, outrageous, and, yes, unconstitutional laws denying basic human and civil rights. Of course we wish this man well in fighting for civil rights and bringing the laws in line with the Constitution. Pennsylvania should be ashamed of having such terrible laws in place.

I found this related article from msn.com back on what was Independence Day, which is supposed to be a celebration of life, liberty, and happiness. Those are what are being denied to the consanguinamorous.

A brother and sister in their 30’s in Beaver County are being charged with incest after a relationship between the two was revealed.

Who was the victim of this "crime?"

According to the Beaver County Times, the two, half-siblings, both of Freedom, are being charged after police were told of the sexual relationship, which included the two having a child together.

Emphases mine.

DO NOT TELL THE POLICE!!! IT IS NONE OF THEIR BUSINESS!!!

We know that child is healthy, as most children born to these relationships are.. Otherwise, the article would have mentioned the child's health.

While police were investigating a reported physical assault at the home the two share, the woman told police the two had a child together.

Self-incrimination. DON'T MAKE THAT MISTAKE!

Police were also told that other family members knew of the relationship and the child.

Isn't it normal for family to know these things? Family should be supportive.

The Beaver County Times reports that the woman in the relationship had posted bail, while the man remains in jail on incest charges as well as simple assault and harassment charges.

If he has committed real crimes, try him on those. Sex with another adult shouldn't be crime. Families should not be broken up over it. Children should not lose their parents over it.

Being half-siblings (they share a biological father), this could be a reunion GSA case. Whether it is or not shouldn't matter to the law. Sex should not be a crime. These are consenting adults. The Conway Borough Police Department should only concern itself with crimes in which there are victims.

Pennsylvania and every other US state must drop unjust laws that prevent consenting adults from sharing love, sex, residence, kink, partnership, and marriage how they mutually agree. There is no good reason to arrest, prosecute, and incarcerate people for being consanguinamorous.

New Zealand Still Prosecuting Consenting Adults

In what must be a national embarrassment and perhaps a disgrace, consenting adults are still being prosecuted in New Zealand for having sex. 

You read that right: Criminally prosecuted for having sex.

Coverage of this outrage was provided by nzherald.co.nz...

A Hastings woman in her 30s has pleaded guilty to committing incest with her brother.

This wasn't an assault. It was sex. Why is this a criminal matter???

An Open Letter to Legislators

This letter is focused on legislators in the US, but may be adaptable to legislators and legislatures in other countries. In the United States, most "sex police" laws and laws applying to marriage, civil unions, and domestic partnerships are set at the state level, by state legislatures. For example, the laws in New Jersey are different from the laws in New York, Texas, Florida, and California. There are some laws set by Congress that apply to indigenous peoples living on "reservations," to US territories, and to military personnel. Whether you're a Senator, Representative, Assemblymember, or some other legislator, this letter is for you.


Dear Legislator:

There may be laws on the books in your jurisdiction that need to be cleaned up or removed. The basic freedom of association that allows consenting adults to love each other how they mutually agree has been restricted by various unjust and unconstitutional laws throughout history. Although some of these restrictions have been removed by the Supreme Court of the United States, even those may still remain in your state codes or statutes due to legislative inertia or as mean-spirit statements or even in the hopes of a reversal by a subsequent Court ruling. It is clear that momentum is on the side of civil rights and has been for a long time. We must move forward in securing the rights of all adults.


It would be wonderful if your state constitution could be amended with the following:

The right to marry or to personal consortium shall not be abridged or denied by this state on account of sex, gender, sexual orientation, race, ethnicity, ancestry, consanguinity, affinity, or number of participants.

We understand that a constitutional amendment may not be possible given current political situations. If that is the case in your jurisdiction, please introduce and support legislation that will be adopted that will repeal or override any past statutes that are remnants of discrimination and denial of rights. There should be no laws left on the books in your jurisdiction that criminalize or discriminate against any of the following:

• autoeroticism or masturbation
• interracial affection, sex, relationships, cohabitation, or marriages
• same-sex and same-gender affection, sex, relationships, cohabitation, or marriages
• nonmonogamous affection, sex, relationships, cohabitation, or marriages
• open relationships and open marriages
• consanguineous affection, sex, relationships, cohabitation, or marriages
• asexual or aromantic relationships, cohabitation, and marriages
• casual sex between two or more consenting adults 
• BDSM between consenting adults
• selling, buying, giving, owning, or using adult/sex toys, devices, aids
• observing, with their consent, consenting adults engaging in affection, sex, or BDSM 
• creating, possessing, or viewing photographic and video recordings of consenting adults nude or in sexual or autoerotic situations
• unmarried cohabitation, whether temporary or permanent, between two or more consenting adults
• marriage, civil unions, or domestic partnerships between two or more consenting adults
• physical affection, "sodomy," or sexual acts between two or more consenting adults
• sex therapy
  

***TRIGGER WARNING FOR SA***

Three Common Misconceptions About Consanguinamory

There are three very common misconceptions about consanguinamory or consanguineous relationships, also known as consensual adult incest. These misconceptions are often invoked when someone asks why such relationships are criminalized or why laws against such relationships haven't been repealed, or when someone asks why the consanguineous freedom to marry is still denied. Clearing up these misconceptions will assist us in reaching relationship rights for all and full marriage equality sooner rather than later.


1) "The kids will be mutants!" We've cleared this up many, many times. Although most consanguineous sex does not result in children, although most sex anyone has is not to reproduce (and often the chance of reproduction is ZERO), this is the old stand-by when people want to justify their position against letting consenting adults love each other how they mutually agree. It's a very weak argument. The fact is, even when consanguinamorous relationships do create a child, it is very likely the child will be healthy. People with consanguineous parents are literally everywhere. Chances are, one of your neighbors or co-workers is such a person, maybe even someone you admire or find attractive.

Massachusetts Is Still Wasting Public Resources Prosecuting Consenting Adults

Here we go again. While a couple of states and many modern countries have decided not to waste public resources prosecuting consenting adults for having sex in private with each other, Massachusetts remains one of those states that stupidly enforces unconstitutional and unjust laws. Of course, this also means outing the people who were having sex with each other to the international new media, including their pictures, and the bigots have taken to places like the Facebook account of one of the people to spew their hatred. 

The earliest coverage of this round appears to come from Cliff Clark at sentinelandenterprise.com...

FITCHBURG — A mother and her son are facing the possibility of spending 20 years in prison after being caught having sex by the man’s wife, according to police and court documents.

That first sentence tells us a lot. 

1) He was cheating on his wife.
2) They weren't careful about where they were cheating.
3) Police were willing to make this a government matter.
4) The prosecutor was willing make this a government matter.
5) The court is willing to make this a government matter. 
6) Any prison time for consensual sex is ridiculous. Twenty years is outrageous. Incest laws need an overhaul.
7) The news media thinks this is newsworthy.

We think it is newsworthy, too, because it is a waste of public resources to make this a criminal case.

Update on Unconstitutional Nebraska Prosecution of Consenting Adults

There are developments relating to this situation covered previously here.

They actually went ahead with prosecuting these consenting adults. They're wasting public resources on this.

Brent BonFleur reported at klkntv.com...

A St. Paul man accused of marrying and having a sexual relationship with his daughter will be sentenced on May 30. 

DNA Testing showed a 99 percent probability that the man, Travis Fieldgrove, 39,  is the father of 21-year-old Samantha Kerschner. Kerschner is also charged with felony incest.

She is being prosecuted, too. So who is the victim of this "crime" again?

According to court documents, Fieldgrove pleaded no contest to criminal attempted incest. 

Under the plea agreement, both the prosecutor and public defender are making a joint recommendation for Fieldgrove, for two years behind bars.

Two years of imprisonment for having sex with another adult! This is outrageous! Let's hope the judge does the right thing here. There is no good reason this should be a criminal matter in the first place.

UPDATE: He was sentenced.

Pennsylvania Still Arresting Consenting Adults

Here we go yet again. As reported at altoonamirror.com...

State police arrested a Tyrone woman Wednesday for a felony charge of incest. 

Amanda Michel Zindel, 31, of 1376 Bell-Tip Road, is behind bars for allegedly having sex with a family member, who is not being named since he has not been arrested or charged. 

State police at Hollidays­burg first received a complaint May 29 about the discovery of a video of Zindel and an adult male family member having sex that had been recorded on Zindel’s computer tablet.

These are consenting adults. There is no victim. (If May 29 is not an error, this must have been a very long investigation.)

The Other Shoe Drops in Indiana, Shedding More Light

The other day, we noted and commented on an arrest in Indiana. Here's word of a second arrest in the same case, and more information about the case, from Liz Shepherd at the same news website.

A second individual was charged with incest after admitting to having sexual intercourse multiple times with a male relative. 

Charges have officially been filed against William Glenn Davis, 54, 23095 Tyler Road, Lakeville; and Samantha Lyn Davis, 21,1903 West Point Drive, Warsaw. Each have been charged with incest, a level 5 felony.

They are consenting adults. This shouldn't be a law enforcement matter in the first place.

On Jan. 17, an officer with the Warsaw Police Department responded to a domestic disturbance at a Warsaw residence. The officer arrived and spoke with Samantha Davis and her ex-boyfriend. Both subjects were accusing the other of domestic violence.

So this was NOT about domestic violence between the defendants.

According to the affidavit of probable cause, the officer spoke with the ex-boyfriend, who advised that he and Samantha Davis were arguing because she was having sexual relations with William Davis. Samantha Davis admitted in July 2018, she started having sexual intercourse with William Davis at her residence. She had sexual intercourse and sexual conduct with him multiple times during 2018. The relationship between Samantha Davis and William Davis was removed from court documents.

Based on the laws and their ages, she's either his daughter or his niece; there's a slight chance she's his granddaughter or half-sister. Those are the possibilities.

So they were ratted out by her ex-boyfriend, who may or may not have gotten into a domestic violence situation with her. Too bad he wasn't an ally.

England Still Prosecuting Consenting Adults

While the vast majority of consanguineous sex and consanguinamory never becomes a law enforcement matter and there are people not far from you engaging in consanguinamory as you read this, there are still places where some people are prosecuted for the "crime" of enjoying each other's company.

Here's a report from stokesentinel.co.uk...

An uncle and niece had two children together after forming a sexual relationship.

Nowhere in the article is it mentioned that those children have any health problems whatsoever, and you just know that would be included if they did. So we can assume that like most children born to such relationships, the children are fine. Except that their parents are being harassed and discriminated against and branded.

Details of the incest have emerged as the pair were taken to court after coming clean to their family.

So their family ratted them out. How terrible. Don't be like those rats!

Stoke-on-Trent Crown Court heard the man and woman, who are both from North Staffordshire but cannot be named for legal reasons, were a couple for years and even had children together. 

Prosecutor Robert Price said the male defendant was the brother of the female defendant's mum. 

After initially denying the allegations, the couple came clean when confronted by relatives and the authorities.

The family should have kept it at that.

The pair, who are no longer a couple but still live in the area, pleaded guilty to having sex with an adult relative.

What an absurd "crime." There's no victim. Consenting adults have a right to be together how they mutually agree.

Judge David Fletcher sentenced both defendants, who have no previous convictions, to a 12-month community order with supervision. The man was ordered to complete 40 hours unpaid work and the woman was made the subject of a six-week curfew from 11pm to 8am. 

Both were placed on the sex offenders’ register for five years.

Outrageous! At least they weren't thrown in prison, like some others. How, exactly, have they been dangerous to anyone? What threat do they pose? What's wrong with loving each other?

There is no good reason to prosecute lovers like this.

If they really did break up and aren't just appearing to let strangers control their love life, I'd be curious as to why. Sometimes it is exactly because of such unjust prosecutions that lovers don't stay together. The threat of being so mistreated by their own government is too much stress.

If you're in a similar relationship, this is why you might want to keep the closet door closed and otherwise protect yourself and each other.

Jane Rips an Unjust Prosecution of Consenting Adults

I'm glad Jane got to this one before I could. She perfectly explains the injustice and absurdity of prosecuting an adult for having consensual (to be redundant) sex with another adult.

These laws, where they still exist, are doing terrible damage to the lives of people who aren't hurting anyone.

South Carolina Still Prosecuting Consenting Adults

Jane covered this news but I had to examine it here, too.

From greenvilleonline.com comes this coverage of this terrible story...

LAURENS COUNTY — A father and daughter are charged with incest in Laurens County after a child was born, police say.

So we charge people with crimes now because of births?

Investigators in Laurens County were looking into an alleged sexual abuse incident when they learned that Katlyn Edwards had given birth to a child after being impregnated by her biological father, James Travis Brown, the Laurens County Sheriff’s Office said in a statement.

Consanguinamory shouldn't be a crime.

“During the investigation, we learned (Edwards and Brown) had been in a consensual relationship when she became pregnant,” the sheriff’s office said.

STOP. Consensual. That should have ended things.

According to the sheriff’s office, both Edwards and Brown claimed their relationship was “consensual and mutual” during investigators’ interviews. 

“Investigators also found other evidence to support their claim that the relationship was consensual,” the sheriff’s office said.

Are we clear that it was CONSENSUAL??? The problem is, people confess all of the time because they don't think consensual sex would be a crime, but it still is in some places. So don't talk! Use your right to remain silent.

I wonder what the evidence is? My guess is either texts or video. Be careful, lovers!

Edwards was arrested on Monday without incident and taken to the Laurens County detention center. She is not currently listed as being jailed.

She shouldn't have been arrested in the first place!

The child died at a medical facility in Charleston, South Carolina, according to the statement. 

How sad.

“It is beyond my comprehension how this could take place between a father and daughter,” Laurens County Sheriff Don Reynolds said.

Really? How long have you been in law enforcement? This happens all of the time, especially in reunion GSA situations. We don't know if this was a reunion situation, but their surnames are different. That could be for any number of reasons.

“At this time, I can’t confirm the baby died from complications related to incest, however we wonder if that’s the case."

Most children born to these relationships are healthy. Most children born with serious health problems in the US don't have those problems are a result of consanguinity.

"We are working with medical professionals and the Solicitors Office regarding that aspect of the investigation and will update everyone if there are any additional charges.”

Since they don't mention murder or signs of abuse, my guess is he's talking about prosecuting them for, essentially, having a genetic problem. Well guess what? If people in consanguinamorous relationships could feel confident in being completely honest with medical professionals, it is less likely that children will suffer with health problems. So we need to stop arresting and discriminating against them and, instead, offer services and study them so we can help people.

The Sheriff's press release is here. You can leave a comment on it. I sure did.

People of South Carolina and Laurens County in particular: Stop putting people in jail for sharing love and sex. There is no good reason to continue to persecute consenting adults for loving each other as they mutually agree.

To the persecuted defendants: So sorry what has been done to you, especially after losing a child. If you can, move someone better as soon as you can. There are countries that don't treat adult lovers are criminals, and you will also not be criminalized in New Jersey or Rhode Island.

Jane Speaks Out on Tragic Case

Our dear friend and colleague Jane Doe has strong words about this tragic case.

Tragic Reunion Genetic Sexual Attraction Case

TRIGGER WARNING: murder, child murder, suicide

Florida Keeps Prosecuting Consenting Adults

It's not a crime to give birth to a child with health problems, but it is treated like a crime when genetic tests reveal that the child's parents are relatives who are "too" close. Here's an article from dailycommercial.com about such a case...

A Groveland woman was arrested for having an incestuous relationship with her brother after she gave birth to a child with serious medical problems.

Notice she was arrested for consensual (to be redundant) sex.

According to an arrest affidavit, Pauline Elizabeth Martin, 33, gave birth on Nov. 21, and doctors quickly transferred the baby to Winnie Palmer Hospital for Children in Orlando because it needed specialized care.

That's too bad. It's interesting that the article doesn't specify the details of the specialized care.

Hospital officials called the Florida Department of Children and Families to investigate because genetic testing revealed the baby’s parents were close relatives.

Medical privacy only goes so far.

Update on Oklahoma Prosecution of Consenting Adults

Here's an update to a case we last covered in this entry. Kathleen Joyce's report was found at foxnews.com...

An Oklahoma mother who married her daughter after the two “hit it off” was sentenced Tuesday to two years in prison after pleading guilty to incest.

Patricia Ann Spann, 45, of Norman, Okla., pleaded guilty to the felony offense and admitted she married her biological daughter, 26-year-old Misty Velvet Dawn Spann. She must also register as a sex offender after her release from prison, the Oklahoman reported.

Why is she going to prison and why will she be on a registry? She's no threat to anyone.

Spann said she thought the marriage to her daughter was legal because she had lost custody of her and two sons years ago, and she is not listed on their birth certificates.

Prosecutors said Spann also married one of her sons in 2008 but the marriage was annulled in 2010 due to incest, the Associated Press reported.

Misty Spann pleaded guilty to incest in November in exchange for probation. However, her plea was withdrawn when it was determined she had been given a deferred sentence, which is not allowed under state law.

Outrageous.

It was also covered at bbc.com...

Under state law, marriage to a close relative is considered incest, regardless of whether a sexual relationship exists.

If adults agree to have sex, let them. If they agree to marry, let them. If they agree to have a sexless marriage, let them. What a waste of public resources it is to criminally prosecute them. There's no good reason to deny them their right to marry, and consanguinamory shouldn't be a crime.

Florida is Still Prosecuting Consenting Adults

The overwhelming majority of consanguinamorous relationships never result in an arrest or prosecution. In fact, right now, as you read this, there are people engaged in consanguinamory not too far from where you are, whether you like that or not. Unfortunately, sometimes people aren't as careful as they should be.

The latest case getting international media coverage is from the state of Florida. Much weird news comes out of Florida, but this is weird primarily in that consenting adults are being prosecuted for consensual (to be redundant) sex.

From wtvy.com...

According to Panama City arrest records, a father and daughter were arrested Tuesday and charged with incest.

Police arrested Justin Bunn, 39, and Taylor Bunn, 19.

So they are consenting adults.

Police arrest records state the father and daughter were witnessed having sex in their backyard on Wakulla Avenue in Panama City.

So someone ratted them out. We don't know the condition of the backyard. Did the neighbors have to strain to see them or not? Depending on the condition of the backyard, I could see issuing them a warning or a ticket, but charging them with a serious crime is ridiculous and a waste of resources. The neighbors should have gone to them sometime later and requested they be more discreet, rather than ratting them out. Notice the charge isn't for public exposure.

Petitions for Civil Rights

Our friend Richard has three new petitions going and if you care about civil rights and equality, please add your support to them.

First is the Petition to the UN High Commissioner.

Second is the Petition to the Australian Senate.

Finally, there's "Attorney General of North Carolina: Release Katie Pladl from police custody. She married the man she loves!"

Please, check them out and help the cause of full marriage equality.