On the other hand, dude had sex with his younger sister, and that's pretty fucked up, too.
In my mind, this particular situation should fall cleanly under the Benign Violation Theory. But it is clearly not funny.
Sec. 25.02. PROHIBITED SEXUAL CONDUCT.
(a) An individual commits an offense if he engages in sexual intercourse or deviate sexual intercourse with a person he knows to be, without regard to legitimacy:
(1) his ancestor or descendant by blood or adoption;
(2) his stepchild or stepparent, while the marriage creating that relationship exists;
(3) his parent's brother or sister of the whole or half blood;
(4) his brother or sister of the whole or half blood or by adoption; or
(5) the children of his brother or sister of the whole or half blood or by adoption.
(b) For purposes of this section:
(1) "Deviate sexual intercourse" means any contact between the genitals of one person and the mouth or anus of another person with intent to arouse or gratify the sexual desire of any person.
(2) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.
(c) An offense under this section is a felony of the third degree.
The Jefferson Parish Sheriff's Office recounts it differently in an arrest report that says, in part, "victim tried to push and resist the subject, but was unable as he used his body weight to hold her down."
The Magazine left multiple messages seeking comment from the Jefferson Parish Sheriff's Office and district attorney but received no answer.
but the reason for the incest law is the producing children angle. it's the same sort of thing that anti-gay marriage people try to bring up - that the state has an interest in promoting and protecting families. you can disagree with the reasoning, but it is the reasoning all the same. the crime is the sexual relationship.
Incest was not a crime by the ancient common laws and is dependent entirely upon statute.
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