Incest is also criminal in many jurisdictions. The criminal act element required for incest is typically sexual intercourse. 1 The attendant circumstance element required for incest is a victim the defendant cannot legally marry because of a family relationship. 2 In the majority of jurisdictions, force is not required, and consent is not an attendant circumstance element of incest. 3 Thus consent by the victim cannot operate as a defense. If the sexual intercourse with a family member is forcible and nonconsensual, the defendant could be charged with and convicted of rape. The criminal intent element required for incest is typically general intent or knowingly. 4 The causation and harm elements of incest are generally the same as the causation and harm elements of rape. 5 However, incest is generally graded lower than forcible rape or sexual assault because force and lack of consent are not required. 6
- 1698 reads
