Jacob Sullum | November 28, 2007
Here's a weird wrinkle in Georgia's sex offender law that I discovered while researching this week's column: In addition to people who engaged in oral sex ("sodomy") as teenagers, the list of offenders who are required to register includes people who commit "incest" as teenagers or adults. Section 16-6-22 of the Georgia code defines incest this way (emphasis added):
A person commits the offense of incest when the person engages in sexual intercourse with a person to whom he or she knows he or she is related either by blood or by marriage as follows:
(1) Father and daughter or stepdaughter;
(2) Mother and son or stepson;
(3) Brother and sister of the whole blood or of the half blood;
(4) Grandparent and grandchild;
(5) Aunt and nephew; or
(6) Uncle and niece.
This definition covers not only parents' sexual abuse of their children but consensual sex between relatives. One of the plaintiffs in the federal suit challenging Georgia's sex offender restrictions, for example, was accused of having sex with his sister when he was 13. Such behavior is certainly troubling, but it does not indicate that he's a child molester. In fact, the incest definition extends to sex between grown siblings as well as sex between people who are not even related by blood, such as a woman and her aunt's husband. Yet the minimum punishment is 10 years in prison, followed by registration as a sex offender, with all the restrictions that entails, for at least 10 years more.
Help Reason celebrate its next 40 years. Donate Now!
Try Reason's award-winning print edition today! Your first issue is FREE if you are not completely satisfied.
"One of the plaintiffs in the federal suit challenging Georgia's
sex offender restrictions, for example, was accused of having sex
with his sister when he was 13."
So how old was the sister at the time, that seems to be the more
relevant question? Also, what kind of sex are we talking about?
I see father/son, mother/daughter, uncle/nephew couplings are not listed. Who knew Georgia was a haven for gay incest?
I once knew a woman who had a sexual relationship with her brother since puberty. She was devastated when her brother became engaged and (this really sucks) he was killed by drunk driver the night before the wedding. I lost track of her many years ago, but I don't think she ever got over losing her brother to another woman and the grave. Twas a strange thing indeed.
So, you know what a Georgia girl says after she has sex for the
first time?
Get offa me daddy, yer crushin' my smokes.
[scattered laughter and applause]
Thanks, I'm here all week.
Ah, yes, the hilarious jokes about Southerners and incest.
Meanwhile, the most prominent person to have been adjudicated to be
a participant in incest is . . . Rudy Giuliani of *New York.*
See
http://tinyurl.com/2zmwgb
So let's rewrite TWC's joke, shall we:
How many male Presidential candidates from New York does it take to
screw in a light bulb?
None, they're too busy screwin' their cousins to screw in any light
bulbs.
Sounds like less of a wrinkle and more of a design
feature.
Noting in advance that I do not desire incest with any family
members - and in any case I have none in Georgia - the reasons
never to live in that state are piling up.
Sounds like a good time for a rousing chorus of "I'm My Own
Grandpa".
BTW: I very much enjoy 18th century English novels. I would say
that mother/son incest is alluded to in at least 50% of them. cf:
Tom Jones
I hate to keep picking on Giuliani, but . . .
Sorry, I couldn't keep straight face while saying that. So let's
just go to another Giuliani joke:
"Now, there are plenty of things that have always bothered us about
"America's Mayor," but the whole cousin-marrying thing has always
been right at the top of the list. We imagine it went down like
this. Rudy and his wife Regina Peruggi were sitting around the
living room one evening, talking about their day, when Rudy says,
"So I got a call from my cousin Frank Bartolini today-" and Regina
says, "You mean my cousin Frank Bartolini." Rudy: "I don't think
so, he's my Uncle Johnny's oldest kid." Regina: "Johnny Donzetti?
My grandma's brother Johnny Donzetti?" Voila, annulment. We're sure
the rest of America will be *just fine* with that."
http://tinyurl.com/37kmso
Soooo its ok for a mother to molest her daughter but not ok for her to molest her son??
Aresen,
Forget 18th-century English novels, what about Greek
mythology?
"Oedipus, you m_____f_____!"
Of course, Greece is in *southern* Europe.
Of course, on this forum, I would be remiss if I didn't mention *Star Wars.*
Mad Max, you are killing me. :-) Good point though.
Ah, yes, the hilarious jokes about Southerners and
incest.
Didn't anyone fill you in? It is perfectly okay to beat up on
Southerners. That does not come under Bigotry in the dictionary. I
think it's still okay to beat up Blondes as well.
I used to live in Cincinnati and now live in Massachusetts. All
the hillbilly jokes I heard there about Kentuckians I hear up here
about Mainers.
It took me awhile to find what Maine residents are called. I mostly
hear them referred to as Mainiacs and they call us Massholes. Ain't
state pride something? Being proud of where your born makes as
little sense as being proud to be .
Perhaps I am mistaken here, but it sounds like if your parent marries the parent of your spouse it would become illegal for you to continue a sexual relationship as you are now half-blood siblings by marriage
I know a lady who (legally)adopted a teenage boy and then later married him. I suppose this would be a very bad move in GA.
TWC,
Blondes don't beat you with a tire-iron if you insult their
families. Southerners have been known to do that.
I suggest a new strategy: Stick to blonde jokes. :)
I didn't realize that the pointy parentheses (the shift comma
and period, I don't know what they're called) would not show up in
a post along with all they contain. The end of the previous post
should read,
"...as being proud to be (insert color here)."
It is perfectly okay to beat up on Southerners. That does not come under Bigotry in the dictionary. I think it's still okay to beat up Blondes as well.
Hey!! You damn Yankee, I resemble that remark.
We don't have incest laws in Michigan. I hope that never changes. Two consenting adults and all that...
Bulucanagria,
Yeah the less-than / greater-than signs are used to delineate HTML
code so your browser hides them and tries to interpret what is
between them.
it sounds like if your parent marries the parent of your
spouse it would become illegal for you to continue a sexual
relationship as you are now half-blood siblings by
marriage
No, half-blood siblings share one parent.
Hey!! You damn Yankee, I resemble that remark.
My nine year old daughter is blond and we have begun to warn her
about what she's up against with blond jokes. Told her a few. She
grudgingly laughed at a couple and then made that Marge Simpson
noise in her throat.
Figured we needed to begin now because she is my Renaissance Girl
and is not only blond but beautiful, and brilliant as well, which
means she'll be an all the more of a perfect target for teasing as
she goes through school.
This blonde woman walks up to an officer and says, "Can you help
me? I've locked my keys in my car." So the officer bends a coat
hanger and feeds it through the window, moving it back and forth
trying to catch the lock when suddenly, the another blonde sitting
in the passenger seat says, "A little more to the left
officer."
A blonde woman and her pregnant sister are out shopping when the
sister unexpectedly goes into labor. The blonde frantically calls
911 and says, "Help, my sister has gone into labor! What should I
do?!" The 911 operator asks, "Is this her first child?" To which
the blonde replies, "Of course not you idiot, this is her
sister!"
They just changed the law in Arkansas. Now when you get divorced you are still legally brother and sister.
I've lived in Massachusetts and Rhode Island all my life and never heard any hillbilly jokes about Mainers.
I remember coming home from school with Pollack jokes only to
find out that they were updated Irish jokes. except this one:
Didya hear about the 300 Pollacks that drowned?
Tried to hijack a train to Cuba.
Oh, and some of those old Pollack jokes are now Blonde jokes. Big
Sigh.
A blonde was pulled over by a blonde police officer. The officer
walks up to the window and says
"I need to see your ID."
The driver starts looking through her purse and says "What does
that look like?"
The officer sighs, irritated, and replies "It fits in your hand and
has a picture of you on it."
The driver continues to look through her purse, until she finally
grabs her compact mirror.
"Here - this is me." she states, giving it to the officer. The
officer grabs it, looks at it, and then hands it back to the driver
in a huff.
"If you had told me you were an officer, too, we could have avoided
all this!"
Southerners are comfortable with incest, ya'll.
Come to think of it "comfortable" does do it justice.
From last year's New York Times:
http://tinyurl.com/ywzp7z
May 10, 2006
Jersey city: "A West New York man accused of impregnating his
daughter twice and ordering her to throw the two babies down a
third-floor airshaft -- killing one -- rejected a plea deal on
Monday that would have given him a 25-year sentence, and the case
will now probably go to trial. In a hearing in State Superior
Court, the defendant, Jose Julio Ventura, 44, said he believed that
he could have gotten a better deal. Mr. Ventura is accused of
aggravated assault, attempted murder and aggravated sexual assault
in the death of one baby, injuries to the second and the abuse of
his daughter, Lucila Ventura, 18."
And here's a story ripped from today's headlines. A right-wing,
reactionary, theocratic, fundamentalist court in California has
upheld the state's incest statute. The story gives an account of
the crime:
http://www.metnews.com/articles/2007/scot112807.htm
"Wednesday, November 28, 2007
"California's ban on incest does not violate the due process clause
of the Fourteenth Amendment, the Fourth District Court of Appeal
ruled yesterday. . . .
"[Gerry Glenn] Scott was charged under the [incest] statute after
his daughter told family members about an encounter that occurred
in December of 2004, just days after her eighteenth birthday.
"Scott's daughter had accompanied him to his home after they had
celebrated her birthday with other family members at her sister's
nearby residence. Raised by another relative, Scott's daughter had
seen her father only occasionally during childhood.
"Scott's girlfriend, who also resided at the home, was awake when
the two arrived, but went to sleep on a couch in the living room.
Scott and his daughter went into Scott's bedroom to get some socks
and, as she planned to spend the night, Scott's daughter laid down
on the bed fully clothed.
". . . Scott had intercourse with her for approximately two
minutes.
"After the encounter, Scott's daughter attempted to leave, but
found the residence's front security door locked. Scott opened the
door, telling his daughter not to tell anyone about the encounter .
. ." but she did, the snitch.
"
Why all the jokes? Sullum's post indicates that he's cool with
incest between blood relatives (as long as they are consenting
adults). Why aren't the rest of you with the program here?
You notice that the relationships prohibited are ones that either
have a genetic relationship and/or between a presumed authority
figure. A relationship on a more equal footing, such as
stepbrother/stepsister, is OK. The intent seems to be to prevent
coercive use of family authority.
AFAICT from the statute, in a parent-child case (for instance), both have committed incest.
Incest is relative.
Incest - the game the whole family can play.
CB
Atlanta born. Never left.
"Figured we needed to begin now because she is my Renaissance
Girl and is not only blond but beautiful, and brilliant as well,
which means she'll be an all the more of a perfect target for
teasing as she goes through school."
Actually, she won't be teased much, if at all. The perfect
combination of beauty and brains.
Blondes don't beat you with a tire-iron if you insult their
families. Southerners have been known to do that.
I suggest a new strategy: Stick to blonde jokes.
Geez, is somebody a tad sensitive.
We got the hint Max, you don't like these jokes.
In the Scott case the court of appeal of the state california
argues that there was a public interest in criminalizing consensual
incest. The three reasons for its decisions are:
1. maintaining the family unit
2. protecting the free consent of weaker parties
3. guarding against inbreeding
Yet, at a a closer look not a single one of them is really
rational. In Germany the constitutional court is deciding about an
incest case at the time being as well. And you can find the
convincing arguments of the defendants on
http://www.unfehlbar.net/index.php/incest-as-a-crime-10-truths/
This is a blog article that evaluates 10 common wisdoms about
incest and incest punishment. It might be of interest in this
context.
Site comments/questions:
Media Inquiries and Reprint Permissions:
(310) 367-6109
Editorial & Production Offices:
3415 S. Sepulveda Blvd.
Suite 400
Los Angeles, CA 90034
(310) 391-2245