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Incest, a taboo that is not a crime in Spain
http://www.elmundo.es/sociedad/2015/...26c8b458c.html
Most European countries prohibit incestuous relationshipsIn Spain is not punished, but the relationship of consanguinity yes supposes an impediment to contract marriage
E. MENGUALMadrid
UPDATED 11/30/2015 18:21The removal of the custody of the parents of a Mallorcan baby, the result of an incestuous relationship , after a report of sexual abuse , incest incumbents, a figure that Spanish legislation does not collect since it ceased to be a crime in 1978 , Parallel to the decriminalization of adultery and the amancebamiento .The figure, however, is a crime in many parts of the world , and most European countries prohibit incestuous relationships, as in the case of Germany . In April 2012, the European Court of Human Rights denied two brothers of this nationality their right to incest. He did so after German Justice had vetoed the relationship of Patrick Stuebing and Susan Karolewsk - blood brothers - and sentenced the first to prison for their relationship, from which four children were born. According to Strasbourg , German Justice had the right to veto incest.Incest is accepted in various cultures and historically it was common practice in ancient Greece and Rome, as well as in Egypt. Myths like the one of Oedipus or Yocasta and passages of the Bible record of it. As defined by the DRAE, incest is "the carnal relationship between relatives within the degrees in which marriage is prohibited." A relationship that is not penalized, but it does mean an impediment to getting married . As stated in the Civil Code in Article 47, "relatives can not marry in a straight line by consanguinity or adoption and collaterals by consanguinity up to the third degree."
In the case of the Mallorcan couple , there would be no crime of incest, and justice must determine whether there has been sexual abuse by the father and grandfather, who had his daughter pregnant when she was 17 years old. Although the Penal Code sets the "age of sexual consent" (the age it raised in its last reform this year) at 16 years , it also states that, in the case of persons below the age of 18 and over 16, "it shall constitute Sexual abuse the performance of sexual acts by deceiving or abusing a recognized position of trust, authority or influence over the victim. "
As unfathomable as it sound here, incest is not illegal is not illegal in Spain, nor is it illegal in many other countries around the world. What makes it particularly bizarre in Spain is that there is a current case is Spain, in which a 36 year old man and his 18 year old wife are fighting social services to get their child back.
What makes this case particularly disturbing is that the 36 year old man (which in itself, many would find troubling), had a child with his own daughter and now wife. http://www.telegraph.co.uk/news/worl...keep-baby.html
The couple had their child taken away by social services, but because incest is not illegal in Spain, social services argument that the baby is not in a safe environment is at odds with Spain’s law on incest.
The local authorities have said that they refused to allow the couple to take the baby home from the hospital where she was born because of fears for the child’s well being.
“If there is no risk to the child, the relationship between the parents is irrelevant. Incest is not a crime in Spain and is not considered a cause of danger or risk towards the child”, a spokesperson for the IMAS Mallorca social services department said. She explained that an accusation of sexual abuse had been aimed at the father by his ex-wife, the mother of 18-year-old Sara and four younger children she had with Cris.
Age of consent, in Spain, is 16, unlike here in Maryland, which is 18. The daughter / wife in Spain was 17 when she became pregnant with her father’s child and therefore past the age of sexual consent. It is, however a crime when an adult “uses deceit or abuse of a recognized position of trust, authority or influence” to have sex with someone who is not yet 18.
Having a daughter of my own, this whole story seems completely disturbing anyway you look at it.
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Originally Posted by Cristiano viejo
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