Why shouldn't incest be legal?

The arguments against criminalizing incest, particularly between consenting adults, can be summarized from the sources as follows:

Genetic Defects Argument

• This argument suggests that incest should be illegal due to the increased risk of genetic defects in offspring. However, critics argue that this does not justify banning incestuous relationships altogether, as it does not necessarily lead to children. Moreover, if the concern is about genetic defects, it would be inconsistent not to apply similar restrictions to other couples with similar genetic risks, which could lead to a form of eugenics12.

Integrity of the Family Argument

• The idea that incest threatens the integrity of the family is criticized for being vague and not a valid legal reason. Family dynamics can be disrupted by many factors, and outlawing incest does not address the root issues. This argument has historically been used against other forms of consensual relationships, such as homosexuality, and is seen as an unjustified intrusion into personal lives12.

Role of Each Family Member Argument

• This argument posits that incest violates the roles and duties within a family. However, from a legal perspective, the only enforceable duties are those related to the well-being and care of family members, not sexual relationships. This argument is seen as overly broad and not a compelling reason for legal intervention1.

Prevention of Abuse Argument

• The concern about power imbalances and abuse is addressed by noting that existing laws against rape and sexual assault already cover these issues. Outlawing all incestuous relationships can drive them underground, making it harder to identify and address genuinely abusive situations. This could harm potential victims by making them less likely to seek help12.

Perversion Argument

• Labeling incest as a perversion or deviant behavior is circular and does not provide a clear moral or legal justification. This argument relies on social taboos rather than rational or ethical grounds1.

Legal and Ethical Consistency

• Advocates for legalizing consensual incest argue that current laws are inconsistent and irrational. For example, in Germany, only vaginal sex between siblings is illegal, while other forms of sexual contact are not. This inconsistency highlights the arbitrary nature of the laws2.

Human Rights and Inclusion

• The German Ethics Council and some legal experts argue that criminalizing consensual incest perpetuates social taboos and prejudices, which are contrary to the principles of inclusion and equality. They suggest that such laws marginalize individuals and do not serve a legitimate public interest23.

In summary, the arguments against legalizing incest are seen as flawed due to their reliance on genetic risks that do not necessarily apply, the disruption of family integrity which is not a legal concern, the prevention of abuse which is already covered by other laws, and the labeling of incest as a perversion which is circular and unjustified. Instead, advocates argue for consistency, inclusion, and respect for the autonomy of consenting adults.