The French government is set to ban incest for the first time since 1791 even if both parties are over the age of 18 years.

What is incest actually?

Incest is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity, and sometimes those related by affinity, adoption, or lineage. 

Incest is legal in France for those over 18, but the government is planning to criminalise the practice. “Whatever the age, you don’t have sexual relations with your father, your son or your daughter,” said Secretary of State for Children, Adrien Taquet in an interview with AFP. “It is not a question of age, it is not a question of consenting adults. We are fighting against incest. The signals must be clear,” Taquet explained. According to the secretary of state, "The law is to issue clear prohibitions in society: incest is prohibited."

Crimes including incest, blasphemy and sodomy were removed from the statute book in 1791, following the French Revolution in a bid to end all Christian-inspired morality introduced by the old regime.

Welcoming the statement, Chairman of Child Protection Charity said it was important to ensure that the practice was 'legally forbidden' as much as it was 'socially forbidden.' Last year, the issue came to the fore when Olivier Duhamel, one of the most prominent French political commentators, was accused of sexually abusing his own stepson. The 70-year-old's stepdaughter Camille Kouchner had accused him of abusing her twin brother for two years when he was 14.Though Duhamel admitted the allegations were true, he was never prosecuted because of the French statute of limitations. As the allegations came to the surface lastr year, President Emmanuel Macron called for tightening of the regulations prompting legislators to prohibit sexual relations with a relative under the age of 18.

The legality of incest around the world

Incest laws vary from one country to the next, with punishments ranging from minor to severe. For example, incest is only illegal in Italy if it provokes public scandal, in which case it carries a penalty of two to eight years in jail. On the other extreme, incest is punishable by death in Afghanistan, Brunei, Iran, Nigeria, Saudi Arabia, Somalia, the United Arab Emirates, and Sudan (if same-sex relations).

Twenty-two countries around the world have not criminalized incest. Portuguese law, for example, does not criminalize incest. Additionally, no laws prohibit consenting relatives from having sexual relations in France, Belgium, and Luxembourg. Incest is also legal in Argentina, Brazil, India, the Ivory Coast, Japan, Latvia, South Korea, Thailand, and Turkey.

In Spain, Netherlands, and Russia, consensual incest is fully legal. However, siblings may not marry, nor may half-siblings or a step-parent and a stepchild. In Serbia, Lithuania, and Slovenia, incest between an adult and a minor is illegal, but the law does not prohibit minors or adults from engaging in incest with partners in the same age category. Israel outlaws incest among minors but declares it legal if both persons are over 21 years old. Perhaps the most unique laws on incest come from Ireland and Germany, where the language forbidding incest specifically addresses male-female pairings—which means incest remains legal for same-sex couples.

List of Countries Where Incest is Legal.

In the following countries, incest is legal: Belgium, China, France, Japan, Latvia, Portugal, Russia (marriage prohibited), South Korea, Turkey (marriage prohibited). Incest is legal for adults only in Argentina, Israel (over 21), Ivory Coast, the Netherlands (marriage prohibited), the Philippines (marriage prohibited, and Spain. Incest is legal in Brazil if over 14 and in Thailand if over 15; however, most marriages in these countries are disallowed or prohibited. Incest is legal in Italyunless it provokes public scandal.

In some countries, abortion is legal for adults and legal for minors, but illegal for adults and minors together. These countries include Lithuania, Serbia, and Slovenia. In Germany, incest is legal for same=sex adults (marriage prohibited), but illegal for opposite-sex couples, and illegal but not punishable between minors. Incest between same-sex couples is also legal in Ireland but illegal for opposite-sex couples. In Hong Kong, incest is illegal for close relatives and those under 16, making it legal for distantly related adults.

Incest is not criminalized in Macau, but marriage is prohibited. Incest is technically illegal, but charges can be dropped if all participants are under 18. India does not legally define incest, so it is technically legal; however, it is considered sexual exploitation or rape and is punished accordingly. Both the United States and Australia's incest laws vary by state, but marriage is prohibited in Australia.