legal question

[mar]

Just wondering if any knows the legal position with regards to those who have been or are in the process of being arrested and charged with "incest".

As far as I know, you can only be arrested if there is proof and evidence of sexual intercourse....and someone saying it is not enough.....there needs to be tangible proof......if the "couple" have a child, I don't think the authorities can do a DNA test as " proof " as they need to prove that the intercourse took place first...(how many women in a normal marriage might have a child that is not her husband's)

Any thoughts on the above or if I am way off base would like to know...thanks!

Regards, Mar

[Victor]

Originally Posted by mar

Just wondering if any knows the legal position with regards to those who have been or are in the process of being arrested and charged with "incest".

As far as I know, you can only be arrested if there is proof and evidence of sexual intercourse....and someone saying it is not enough.....there needs to be tangible proof......if the "couple" have a child, I don't think the authorities can do a DNA test as " proof " as they need to prove that the intercourse took place first...(how many women in a normal marriage might have a child that is not her husband's)

Any thoughts on the above or if I am way off base would like to know...thanks!

Regards, Mar

You are correct. You have a right to "due process" and a right to "privacy". There are also some recent landmark cases where a person's right to liberty (such as their right to concent to sex) has been upheld by the Supreme Court, even when there are laws against that kind of concentual sex, such as the case Lawrence v. Texas, where a man was caught by police in his own home and arrested for having sex with another man in a state where concentual homosexual sex was deemed against the law. Now, I'm no lawyer, and I would recommend you go to one with such questions first, but I believe that any attempts in the future to arrest one of us for having a kid will eventually fail to be upheld.

[mar]

Hi Victor,

I think you gave a good example there....thanks for the reply!

Regards, Mar