GROUP 2 ( KPI005 1B)

WHAT IS INCEST?
The English word incest is derived from the Latin incestus,

which has a general meaning of "impure. Incest is sexual intercourse between family members and close relatives. The term may apply to sexual activities between individuals of close blood relationship; members of the same household; step relatives related by adoption or marriage; and members of the same clan or lineage. It can also be defined as the crime of having sexual intercourse with a parent, child, sibling or grandchild.

Types of incest
Between adult and children
Between childhood siblings Between consenting adult

Incest between adult and children

Incest between an adult and a child is usually considered

a form of child sexual abuse. It is the most reported form of incest for many years. Fatherdaughter and stepfatherstepdaughter incest is the most commonly reported form of adult-child incest, with most of the remaining involving a mother or stepmother. Fatherson incest is reported less often, although it is not known whether the prevalence is less because it is under-reported by a greater margin. Prevalence of incest between parents and their children is difficult to assess due to secrecy and privacy.

Incest between childhood siblings

Incest can also occur among siblings. The Counselor Advocate Training Manual notes that

when sibling incest involves siblings with significant differences in age or capabilities (one of the siblings has a developmental disorder), serious psychological problems can occur. Just as with parental incest, the trust of the victim is betrayed, and the familial connection is broken. The National Center for Victims of Crime explains that younger victims of incest may not realize that this behavior is inappropriate, especially if the perpetrator says it is a learning experience.

Incest between consenting adult

Sexual activity between adult close relatives may arise

from genetic sexual attraction. This form of incest has not been widely reported in the past, but recent evidence has indicated that this behavior does takes place, possibly more often than many people realize. Internet chatrooms and topical websites exist that provide support for incestuous couples. Proponents of incest between consenting adults draw clear boundaries between the behavior of consenting adults and rape, child molestation, and abusive incest.

Incest in perspective of law

Legal laws which is the law consist largely of ought

proposition prescribing how people ought to behave.(R.M.W Dias) Incest is illegal in many jurisdictions. In some places, incest is illegal, regardless of the ages of the two partners. In other places, incestuous relationships between two consenting adults (with the age varying by location) are permitted such as in Israel and Turkey. Such countries where it is permissible and legal, includes the Netherlands and Sweden where incestuous couples must seek government counselling before marriage. The only type of incestuous relationship allowed by law in Sweden is that between half-siblings.

 In Malaysia, incest has been criminalised by the Penal

Code(Act 574) under section 376A and 376B Section 376A A person is said to commit incest if he or she has intercourse with another person whose relationship to him or her is such that he or she is not permitted under the law, religion, custom or usage applicable to him or her , to marry that other person. Punishment that are been firm in Malaysia: Section 376B (1) Whoever commits incest shall be punished with imprisonment for a term of not less than six years and not more than twenty years and shall also be liable to whipping (2) It shall be defence to a charge against a person under this section if it is proved

a) that he or she did know that the person with whom he or she had sexual intercourse was a person whose relationship to him or her was such that he or her not permitted under the law, religion, custom or usage applicable to him or her to marry that person ; or b)that the act of sexual intercourse was done without his or her consent explanation:-a person who is under sixteen years of age, if female or under thirteen years of age , if male shall be deemed to be incapable of giving consent.

Incest in perspective of morality

General morality can be understood as a rule prescribing

between what is right and what is wrong.( Jaques Thiroux) The immorality of incest,based on that idea that blood relatives should not mate and the progeny of such unions are tainted and unnatural. In perspective of Islam,Quran clearly state outlines those with whom marriage is not permitted, we can extrapolate from it that any sexual relation with these would be unacceptable.

 Srah an-Nisa 4:23: Prohibited for you (in marriage) are your mothers, your

daughters, your sisters, the sisters of your fathers, the sisters of your mothers, the daughters of your brother, the daughters of your sister, your nursing mothers, the girls who nursed from the same woman as you, the mothers of your wives, the daughters of your wives with whom you have consummated the marriage - if the marriage has not been consummated, you may marry the daughter. Also prohibited for you are the women who were married to your genetic sons. Also, you shall not be married to two sisters at the same time - but do not break up existing marriages. GOD is Forgiver, Most Merciful. The verse also includes your foster parents, siblings and children.

 From other religions view, it state that incest is prohibited among us Buddhist-. The third of the Five Precepts state "To refrain from committing

sexual misconduct". 'Sexual misconduct' means any sexual conduct involving violence, manipulation or deceit conduct that therefore leads to suffering and trouble. Hindus-Hinduism speaks of incest in abhorrent terms. Hindus are fearful of the bad effects of incest and thus practice strict rules of both endogamy and exogamy within castes (Varna in Hinduism) but not in the same family tree (gotra) or bloodline (Pravara). Christian-In the Eastern Orthodox Church, marriages are banned between second cousins or closer and between second uncles / aunts and second nieces / nephews (between first cousins once removed) or closer. The Anglican Communion allows marriages up to and including first cousins. But in all of the three preceding Christian churches, marriages to uncles, aunts, relatives in the direct line, or their respective spouses are not allowed.

Incest in perspective of justice

From perspective of justice,John Rawls state in his book,Theory of

Justice that justice is the first virtue of social institutions as truth is of systems of thought . The effects on both childhood development and adult symptoms resulting from incest, including substance abuse, depression, suicidality, eating disorder as there are no justice for them because of the lacks of information about incest in society. Incest is a despicable and inexcusable offence, so the law should introduce legal amendments such as heavier and more punitive sentences without giving full thought to whether such amendments would bring about the desired social changes to fight for victims justice.

Incest in perspective of freedom

Freedom is the right , power , ability to decide for oneself what to do

and how to live according to one interest, desire, taste determination or thought of the mind in order to realize ones aims ( Martin P. Golding) Humans that are exploited in incest usually have low self-esteem and they may have difficulties in social relationship because of they are ashamed with their abnormal secret Their freedom to live are denied as theyd been live with the performer who restrict movements and to have control over them. Their freedom of speech are also denied as they cannot speak out their desire to be free from the performer and this dreadful incest.

Incest in perspective of equality

Equality means each people should be taken as an end,

not as mean. Hence, nobody should be treated as an instrument of somebody's will. The main reason for treating people equally was to reduce mutual envy so that people lived peacefully. (Bentham) Freedom has undoubtedly, been and will remain to be the most important of all rights of human but without equality freedom can easily be turned into an instrument of abuse as the performer of incest can do anything as their wish by abandoning their religion taught, law and custom.

Conclusion
In a nutshell, incest are against the perspective of law, morality, justice, freedom and equality. The reason is that incest give bad effect towards the performers and their generations such as disability from the aspect of mental and physical. Meanwhile, incest also gives big impacts towards the victims. They will suffer from low self-esteem, difficulties in personal relationship and sexual dysfunction and are at an extremely high risk of many mental disorders including depression, anxiety and phobic avoidance reactions. This crime must be stopped and the victims can enjoy their normal lives without any mental problems and family institution will become stronger and more harmony.