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Incest laws may involve restrictions on marriage rights, which also vary between jurisdictions.
When incest involves an adult and a child, it is usually considered to be a form of child sexual abuse.
In cases of first and second cousins an individual charged with such a crime can raise a defense that the cultural or religious customs or traditions of the community to which he or she belongs do not prohibit marriage between first or second cousins; or in the case of a person who is a member of a community governed by customary law, that the cultural or religious customs or traditions of the particular community to which he or she belongs do not prohibit marriage between first or second cousins.
In Argentina, incest is legal if both individuals are over the minimum age of consent.
In Zimbabwe, most forms of incest are illegal and an offender is currently liable to a fine up to or exceeding level fourteen (about US$5000) or imprisonment for a period not exceeding five years or both.
A prohibited degree of relationship would be that of a parent and his or her natural or adoptive child, a step-parent and his or her step-child, whether the step-child’s parent and step-parent are married under the Marriage Act [Chapter ] or the Customary Marriages Act [Chapter ], or are parties to an unregistered customary law marriage, and whether or not the child was over the age of eighteen years at the time of the marriage; a brother and sister, whether of whole or half blood; or an uncle and his niece; or a grand-uncle and his grand-niece; or an aunt and her nephew; or a grand-aunt and her grand-nephew; or a grandparent and his or her grandchild and any person and his or her first or second cousin.
The law makes an assumption that a female below the age of 16 has no ability to consent to sexual intercourse, therefore a female below 16 cannot commit incest.
According to Macau's civil code, people in direct line kinship or in the second degree of collateral kinship cannot marry each other.In addition to whipping, persons convicted of incest face a minimum sentence of 6 years' imprisonment and a maximum sentence of 20 years' imprisonment.It is a defense against the charge if the person did not know the relationship was not permitted or if the sexual intercourse was done without his or her consent.Brazilian law, by the Article 1521 of the Civil Code, also extends the invalidity of marriage between parents and children to grandparents and grandchildren or any other sort of ascendant-descendant relationship (both consanguineous and adoptive), parents-in-law and children-in-law even after the divorce of the earlier couple (see affinity), as well as to stepparents and stepchildren, and former husbands or wives to an adoptive parent who did this unilaterally (regarded as an equivalent, in families formed by adoption, to stepparents and stepchildren); and extends the invalidity of marriage between siblings to biological cousin-siblings.It also formerly prohibited the avunculate marriages and extended the prohibition for marriage between siblings to half-siblings, both cited above, but the Decrete Law 3.200/1941 made marriage possible for those non-ascended/descended in consanguinity of third degree (25%) provided both have health checks.Girls below the age of 16 and boys below the age of 13 are deemed to be incapable of giving consent.Tags: Adult Dating, affair dating, sex dating