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There I was, just minding my own business, catching up on rugby scores on the Kiwi site Stuff.co.nz, when an article popped up and hijacked my brain. As I read, I found myself muttering a growing chorus of "WTF?!" with every scroll.
The piece, penned by Lloyd Burr, opened with this gem: "It’s legal to have a consensual sexual relationship with your siblings, parents, and grandparents in France. Belgium, Japan and more than 70 other countries too." WTF indeed.
Mr Burr continued by way of background; “The late Queen Elizabeth II and her husband Prince Phillip were cousins. Third cousins, but still cousins. They were both great-great grandchildren of Queen Victoria. Yet no one really batted an eyelid or called their consensual relationship ‘incest’. Queen Victoria herself kept it much closer to home, marrying her first cousin Albert. They had nine children together, yet the pair aren’t renowned for their incest or inbreeding. Going back through many of the monarchies in Europe, there are similar examples whether it’s the Spanish Habsburgs (and their infamous enlarged jaw) or the Russian Romanovs - there’s been a lot of incest and inbreeding.” WTF!
So what about Australia? Surely, we’ve got some clear laws in place. Thankfully, yes. According to Criminal Defence Lawyers Australia:
What is Incest (Legally Speaking)?
In Australia, incest refers to sexual relations with close family members. This includes:
Grandparents and grandchildren
Consent? Not a defence. Even if both parties are adults and willing, it’s still a crime.
Why Is It a Crime?
WA-Specific Laws (Section 329 of the Criminal Code)
A rebuttable presumption exists that the accused knew they were related. Lack of consent or coercion also plays a role in defence.
Alright, law covered. Now let’s get back to Burr’s WTF fact-fest.
Countries Where Incest is Legal
Ok so that’s the law and that’s reassuring, but back to the WTF facts and Mr Burrs article as written. Believe it or not there are:
Some of the nations where it’s entirely legal are advanced western countries like Belgium, France, Japan, and Taiwan. Others like Hong Kong, Germany, Ireland, and Germany allow incest, but only for consenting same-sex adults. Even two states in the United States allow consensual incest: New Jersey and Rhode Island. Let me interject here – WTF!
Meta AI chimes in too: Incest is legal in countries like Belgium, China, France, Japan, Latvia, Portugal, Russia (marriage prohibited), South Korea, Turkey (marriage prohibited). Incest is legal for adults only in Argentina, Israel (over 21), Ivory Coast, the Netherlands (marriage prohibited), the Philippines (marriage prohibited), and Spain. Incest is legal in Brazil if over 14 and in Thailand if over 15; however, most marriages in these countries are disallowed or prohibited. Incest is legal in Italy … unless it becomes a scandal. Classic Italy.
Let me once again interject here - WTF!!!
The Science: Why It's Dangerous
Genetically speaking, incest is like playing Russian Roulette with DNA.
One of the main reasons for outlawing incest is that there’s a heightened chance of the offspring having genetic disorders. Professor Andrew Shelling from the University of Auckland’s Department of Obstetrics, Gynaecology and Reproductive Sciences says it comes down to the interaction of recessive genes. “There's five to 10 of them lurking in our DNA somewhere and provided we find a mate who's different to us, that's fine and they may never come to reality. But if our mate turns out to be closely related, then we could have a serious genetic defect appearing,” he says. There are nearly 8,000 different genetic disorders that could appear causing things like cystic fibrosis, organ malformations, intellectual disabilities, blindness, and cleft palates.
“You don't know what's lurking in your DNA and it may be invisible for generations. But if you reproduce with a close relation, your chances of something appearing is much greater. The amount of relation relatedness increases the probability”. Professor Shelling says the chances of an unrelated couple’s child having some sort of defect is around 2-3%. When they’re cousins, it doubles to 4-6%, and if it’s an uncle and niece, it doubles again to 8-12%.
The Ethical Wrap-Up
Mr Burrs Stuff article concludes with advice from the scientists that bears repeating verbatim. “Given that such relationships are almost always harmful, the state has good reason to legislate against it because it is the business of the state to protect people from abuse and exploitation. “In real life, incest probably almost always does cause harm - particularly in cases involving close family members. Such relationships almost always involve exploitation and abuse.”
Having read the article, I recalled a Muslim friend of mine mentioning that in some strictly religious families, it is almost mandatory that first cousins marry first cousins. I checked and it’s not illegal to marry your first cousin in Australia. The criminal law in Australia does not criminalise the conduct of marrying a first cousin.
Conclusion
After all the WTFs, stats, and laws, I couldn’t help but reflect on my time as a young copper in New Zealand, dealing with a few sad cases of incest. Although only a small sample from personal experience those cases were definitely nasty examples of coercion and sexual violence. More a paedophile’s attack on a vulnerable available victim. More a rape than consensual sexual activity between related persons. I suspect that most cases of incest are exactly that.
Behind the legality debates and historical examples lies a sad truth: incest is usually less about love and more about power.
WTF, indeed.
Author: Magnum
For: Langtrees.com
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“Thanks Magnus, interesting read. WTF indeed and who would have thought that 79 countries accepting incest as long as it is consensual - that's crazy.”
“Incestuous relationships can lead to increased genetic disorders in offspring due to reduced genetic diversity, raising significant concerns in fields such as genetics and public health.”
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