Is incest legal anywhere in the world?

Firstly, what is incest?

Incest is marriage or sexual intercourse with a relative within the prohibited degree of consanguinity or affinity. In other words, incest is sexual contact between close relatives of the same consanguinity.

According to the Eight edition of Black’s Law Dictionary, it defines incest as sexual relations between family members or close relatives, including children related by adoption. Incest, under section 46 (the interpretation section) of Violence Against Persons (Prohibition) Act, 2015, means an indecent act or an act which causes penetration with a person who is, to his or her knowledge, his or her daughter or son, granddaughter or son, sister or brother, mother or father, niece or nephew, aunt/uncle, grandmother or granduncle.

Any Justifiable Reason for the Commission of Incest?

There are no justifiable reasons for committing incest. The general view or prohibition of incest laws vary by jurisdiction, depending on the type of sexual activity, nature of the family relationship, age, and gender of the parties. Incest is not only illegal, but also socially unacceptable in many cultures worldwide. Incest laws may impose restrictions on marriage, which vary by jurisdiction.

It is generally prohibited and considered a criminal offence/crime in most climes around the world. Since the world is safeguarded by laws, there are evidently laws prohibiting the commission of one crime or the other. Most noteworthy are the African countries where laws intertwine with culture or moral standards.

WHAT DOES THE NIGERIAN LAW SAY ABOUT INCEST?
Incest marriage is prohibited under section 3, subsection (1)(b) of the Matrimonial Causes Act, Chapter 7, Laws of the Federation of Nigeria, 2 004 (herein MCA). The said section provides that a marriage is void where the parties are within the prohibited degrees of consanguinity. The First Schedule to the MCA contains a list of Prohibited Degrees of Consanguinity (blood relatedness) and Affinity (relation by marriage or sexual relationship).

Prohibited degree of consanguinity means the extent of blood relatedness which prevents or forbids parties so related from marrying each other. Consequently, marriage of a woman is prohibited if the man is, or has been, her sister, father’s sister, mother’s sister, brother’s daughter and sister’s daughter.

In the same vein, marriage of a woman is prohibited if the man is, or has been, her brother, father’s brother, mother’s brother, brother’s son and sister’s son. It is immaterial whether the relationship is of the whole blood or half-blood, or whether it is traced through, or to any person of illegitimate birth.

In essence and by extension, most African countries where our laws are similar, such marriages are void and a complete nullity as there are no laws which allows the commission of incest.

Barr. Simi Pam