Reflection: The Crime of Incest

Introduction

The interesting concept chosen for this reflection is the crime of incest. The crime of incest entails an act of incestuous intercourse prohibited by the common-law. The ecclesiastical courts recognized the crime of incest under the England jurisdiction and punishable under the Incest Act, 1908 (Chapter 12). Currently, the crime of incest is punishable under the Sexual Offences Act, 1956 which considers it as an offense for a man to have a sexual intercourse with a woman with whom they have a family relationship. The woman can be a sister/half-sister, aunt, mother, granddaughter, or daughter. From the definition of the crime of incest under the Sexual Offenses Act, 1956, it is evident that the relationship of uncle-niece or step-father, grandson-grandmother, and step-daughter are not included. The crime of incest is also an act performed by a woman over the age of 16 years who consents to have a sexual intercourse with a man in the category of relationships under section 10 of the Sexual Offenses Act, 1956 (Hughes, 1964).

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The crime of incest is a significant concept to the victim, defendant and the society as it puts it clear to all the parties the consequences of an incestuous act. The victim realizes that the law protects a person from sexual abuse by a close relative. In this case, the victim can take a legal action against the defendant under the Sexual Offenses Act, 1956. The crime of incest makes the defendant aware that an incestuous act is punishable under the law. I have learned that the crime of incest is the same as statutory rape when it comes to the defendant being held liable. The aspect of consent does not apply and the use of force is not necessary for one to be convicted. However, unlike a statutory rape, the crime of interest requires a proof that the defendant knew that he or she was related to the victim. In this case, I realized that a defendant may use a reasonable belief that he or she did not know of a biological relationship with the victim as a defense when charged with the crime of incest. Further, the society is made knowledgeable of the crime of incest so as to educate everyone of this offense.

Conclusion

However, I feel that the current law regulating the crime of incest is not effective. The definition of the crime of incest is incomplete. There is a likeliness of some of the people to commit that crime and use the non-defined relationships in section 10 of the Sexual Offenses Act as a defense when charged in court. It is recommended for the current law to amend Section 10 of the Sexual Offenses Act, 1956 and include the biological relationships of uncle-niece, grandson-grand-mother. These are related people by blood and sexual intercourse occurring between them is a crime of incest. Further, the law should not require the cooperation from the family member when enforcing penalties for a crime of incest. Children who become knowledgeable of the crime of incest when they grow-up should also be able to raise criminal charges against the violators.

References

Chapter 12: Sexual Assault, Rape, Prostitution, and Related Sex Crimes.

Hughes, G. (1964). The Crime of Incest. Journal of Criminal Law and Criminology, 55(3), 322-331.

Sexual Offenses Act, 1956. Retrieved from http://moj.gov.jm/sites/default/files/laws/Sexual%20Offences%20Act.pdf