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Tuesday, September 27, 2011

Looking to Keep Uncle, Niece Apart


rdmiller70 started a discussion looking for legal advice about how to stop a consanguinamorous couple.

I am a friend to a woman and her children.

So am I. Aren’t many of us? I mean, not the same woman.

I have known them for some time. One of her children, a 16 year old girl has had many things go on in her life, including her real father molesting her for most of her life.

That’s a biological father, but not a real father.

He was eventually arrested and died in prison.

Painfully, I hope.

The girl (I shall call her Amanda), has had many sexual encounters since moving to live with her mother beginning at the age of 13.

Where was she before?

Some of these encounters involved older men.

In most places, that’s called rape.

Recently, the woman's brother helped her to find a house not far from him and his family so that they could take care of each other. It seemed to be a good thing to happen as both families were happy and seemed to enjoy each other's company. However, the brother was having some marital problems at home. He and his wife had not been getting along well and at some point they separated.

During the separation, the woman, my friend, made sure she included her brother in every function they had. He took an interest in her kids, his neices, and helped her with them. However, when Amanda turned 16, he and her entered into a sexual relationship.

I must admit, I found this to be very disturbing and disgusting when I was told about it. Apparently, both Amanda and her uncle claim it is a consensual relationship. Here in West Virginia, 16 is legal age of consent. Neither one has said who started it, but history would suggest that it very well may have been Amanda.

My friend has turned to me. She is no longer speaking to her brother and she has barred her daughters from having any contact with him. It is tearing up her own family as Amanda has said that she wants to be with him.

So… it is okay for Amanda to have sex with older men who are essentially strangers but not someone who more likely loves her?

My question is this: What, if anything, can Amanda's mother due legally against this man? He had a sexual relationship (he is in his early 40s) with her daughter at 16. He is the girl's uncle. What can she do? Is there any legal recourse? She doesn't want her daughter to get into trouble, but she feels he should have been able to turn her away.

Last I checked, the laws in West Virginia are so anti-consanguinamory that the state doesn’t even allow first cousins to marry, so she can turn them in under “incest” laws. I would consider that an abuse of law. The mother needs to understand that Amanda is going to have sex. She’s reached the age of consent. I would ask the mother to make these considerations. The uncle may or may not be the right man for her right now, but should the force of law be used to pry them apart? Yes, she was abused by someone who should have protected her, but does that mean she should never be free to choose to have sex? If she has found enjoyment and comfort, why not let her be? There is also the risk that authorities would prosecute her as well. Keep the law out of it. Don't be a rat.
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