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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
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Experience:  BCom (UCT) LLB (UCT)
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If i have sex with my blood related niece, she is 19 Years

Customer Question

If i have sex with my blood related niece, she is 19 Years can i get into trouble or a jail sentence

Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.
Hi there and thank you for your question,

Incest occurs when two people who are prohibited from marrying each other because of their relationship by marriage (affinity), blood relationship (consanguinity), or parent-child relationship by adoption, have sexual intercourse.

If the parties are ignorant of the relationship between them, or are mistaken as to its nature, they cannot be found guilty of committing incest, on the grounds that they did not have the necessary intention to commit the offence. The position is less clear if they know of their relationship but are unaware of the legal prohibition.

Blood relations may not marry and may not have sexual intercourse if:

- They are related in the direct line either as ascendants or descendants; for example, mother and son, father and daughter, grandparents and grandchildren; or

- Either of them is related to a common ancestor in the first degree of descent; for example, brother and sister, half-brother and half-sister, uncle and niece, great-uncle and great-niece. Cousins may, however, marry.

In your instance, you had sexual intercourse with your sibling's daughter. (i.e. your brother / sister's daughter)

Fortunately for you, is that neither you nor your niece share the same common ancestor in the first degree of descent.

You HAVE a common ancestor (your parent; your niece's grandparent), but they are not in the first degree of descent. (e.g. brother and sister)

Technically, you have not committed incest.

Also, since she is over the age of 16, she is an adult, and free to make her own decisions.

While (personally) I don't think that this relationship could be an easy one for your family to accept (you had sexual intercourse with your sibling's daughter), there is nothing legally wrong with it.

If there is something more specific that you need clarity on, please continue in this same thread. Let me know if you need more advice!

I hope you found my answer helpful. If you did, PLEASE rate my answer & please leave me positive feedback!

Good luck and best regards,


CaseLaw

Please note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 905
Experience: BCom (UCT) LLB (UCT)
CaseLaw and other South Africa Law Specialists are ready to help you
Customer: replied 1 year ago.


Hi


 


Is it then possible for us to marry in South Africa as we technically, did not committed incest


 


Thank You

Expert:  CaseLaw replied 1 year ago.
Hi there,

Yes, you can technically marry in South Africa.

"Incest occurs when two people who are prohibited from marrying each other because of their relationship by marriage (affinity), blood relationship (consanguinity), or parent-child relationship by adoption, have sexual intercourse."

You'll see from the above, people can only commit incest if they are prohibited from marrying each other.

Since you didn't commit incest, you're not prohibited from marrying each other.

If there is something more specific that you need clarity on, please continue in this same thread. Let me know if you need more advice!

I hope you found my answer helpful. If you did, PLEASE rate my answer & please leave me positive feedback!

Good luck and best regards,


CaseLaw

Please note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.

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