It looks like terrorism has hit home for the folks in Sweden of all places. It just goes to show you that no one is safe in the world anymore. This battle for the soul of militant Islamic minds could be raging for awhile. -Coming to a town square near you. -
Anyway, tonight I want to share something I ran across while reading Slate.com and get your opinions on it. It has to do with the very serious and sensitive subject of incest and how one particular case is being prosecuted in the state of New York. Since we are all adults I figured we could discuss it and learn from each other.
"David Epstein, a 46-year old political science professor at Columbia University, has been charged with third-degree incest for allegedly having consensual sexual relations with his 24-year-old daughter. Under New York State law, a person is guilty of that crime when he or she has sex "with a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece." If the allegations are true, that would apply to Epstein—and also to his daughter. Why wasn't she charged for the crime as well?
Because she's seen as the victim. Prosecutors could have made a case against the daughter, but when it comes to incest, the authorities tend to focus on one party. In this situation, "consent" is irrelevant, since it's the act itself that constitutes the crime; and blame tends to fall on whichever half of the incestuous couple has more control. A law professor told Salon today that children are generally assumed to be part of a "protected class" even when they're above the age of consent. So the older party tends to be considered the guilty one, although in some cases—a man caring for his bedridden and elderly mother, for example—the ages of perceived control could be reversed.
In some cases, both parties are held accountable. Earlier this year, a 48-year-old man from Palm Coast, Fla., named Alton Everett Smith pleaded guilty to incest after impregnating his 27-year-old daughter. She, too, was charged with incest (after giving birth to her own half-brother) and is now serving five years of probation.* That's despite the fact that the father was clearly in control of the relationship: He was pimping her out for sex on Craigslist. According to court records, the daughter has a tattoo reading "Daddy's Girl" on her behind.
What happens in cases in which the power dynamic is less clear—as between similarly aged siblings? As a general rule, an older sibling will be in greater legal jeopardy than a younger one, and a brother gets more blame than a sister. In 2003, a football player named Tony Washington was convicted of engaging in sexual intercourse with his biological sister. At the time of the act, she was 15 and he was 16. While Washington pleaded guilty (and is now a registered sex offender) his sister was never charged." [Story]
Anyway, tonight I want to share something I ran across while reading Slate.com and get your opinions on it. It has to do with the very serious and sensitive subject of incest and how one particular case is being prosecuted in the state of New York. Since we are all adults I figured we could discuss it and learn from each other.
"David Epstein, a 46-year old political science professor at Columbia University, has been charged with third-degree incest for allegedly having consensual sexual relations with his 24-year-old daughter. Under New York State law, a person is guilty of that crime when he or she has sex "with a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece." If the allegations are true, that would apply to Epstein—and also to his daughter. Why wasn't she charged for the crime as well?
Because she's seen as the victim. Prosecutors could have made a case against the daughter, but when it comes to incest, the authorities tend to focus on one party. In this situation, "consent" is irrelevant, since it's the act itself that constitutes the crime; and blame tends to fall on whichever half of the incestuous couple has more control. A law professor told Salon today that children are generally assumed to be part of a "protected class" even when they're above the age of consent. So the older party tends to be considered the guilty one, although in some cases—a man caring for his bedridden and elderly mother, for example—the ages of perceived control could be reversed.
In some cases, both parties are held accountable. Earlier this year, a 48-year-old man from Palm Coast, Fla., named Alton Everett Smith pleaded guilty to incest after impregnating his 27-year-old daughter. She, too, was charged with incest (after giving birth to her own half-brother) and is now serving five years of probation.* That's despite the fact that the father was clearly in control of the relationship: He was pimping her out for sex on Craigslist. According to court records, the daughter has a tattoo reading "Daddy's Girl" on her behind.
What happens in cases in which the power dynamic is less clear—as between similarly aged siblings? As a general rule, an older sibling will be in greater legal jeopardy than a younger one, and a brother gets more blame than a sister. In 2003, a football player named Tony Washington was convicted of engaging in sexual intercourse with his biological sister. At the time of the act, she was 15 and he was 16. While Washington pleaded guilty (and is now a registered sex offender) his sister was never charged." [Story]
Now before anyone goes off the rails on this and says that this is a double standard and reverse sexism run amok; I give you cases where mothers were charged with having incestuous relationships with their sons, here and here.
I am just trying to help you come to a "fair and balanced" opinion. There seems to be so little of that these days.
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