Zambia Keeps Prosecuting Consenting Adults For Marrying

Another news item out of Zambia details the prosecuting of consenting adults in an attempt to break up a marriage. If you think this only happens in Africa, you are sorely mistaken. Where I live, in the US, many states still prosecute in these cases, and it happens in many other countries as well. Chambo Ng'uni reports at dail-mail.co.zm...

A 27-YEAR-OLD man of Kabwe and his young sister aged 20 have appeared in the Kabwe Magistrate’s Court to answer to charges of incest.
 
Aaron Musonda an electrician and Maureen Musonda a grade 12 pupil in Kabwe both appeared before Kabwe resident magistrate John Mbuzi on Thursday for explanation of the charge of incest.

The accused persons are both residents of Makululu Township and they share the same father but different mothers.

So they are half siblings. For all we know they were not raised together and this is a case of Genetic Sexual Attraction.

The police have slapped Musonda with a charge of incest by males contrary to Section 159(1) of the Penal Code Chapter 87 of the laws of Zambia.
 
It is alleged that Musonda on dates unknown but between December 1 last year and February 27 this year in Kabwe, knowing that Maureen was his sister, allegedly had unlawful carnal knowledge of her.
 
His sister has been charged with incest by females, contrary to Section 161 of the Penal Code Chapter 87 of the Laws of Zambia.
 

The court heard that Maureen on dates unknown but between December 1 last year and February 27 this year in Kabwe, allegedly permitted her elder brother to have sex with her.

And...? What's the problem? Notice, no explanation of harm to anyone is cited in the article.

The police at Kasanda Police Station last Friday confirmed that the two were reported to the police by their father who wanted the police to end their marriage.

What a rat. So it is OK for him to have sex with and impregnate at least two women, but not OK for other consenting adults to love each other? He should have read this.

A police source said according to their father, siblings allegedly got married last year and when their family attempted to end their affair they fled Kabwe.
 
The source said they resurfaced this year, and their family heard that they were renting a house in Makululu.

Renting a house! Oh, those scary people! Seriously, what a waste of law enforcement resources. Let them be together, and let them marry if they want. There is no good reason to deny them their rights.

Read more »

Posted in: Africa,breaking up homes,brother-sister,consanguineous,courts,family reaction,GSA,incest,lack of equality harms,prosecution,siblings

Guilty Pleas in Absurd Prosecution of Consenting Adults

Frank Humphreys and Eleanor Jackson

To update a case we last reported here, Duncan Bick reports at newsandstar.co.uk that law enforcement official in Cumbria, England have gone ahead with their ridiculous and unjust prosecution of consenting adults for having sex with each other in private. Outrageous.

Frank Humphreys, 51, and 23-year-old Eleanor Jackson both pleaded guilty to a charge of “having sex with an adult relative” during a brief appearance at Carlisle Crown Court.

The pair, of Princess Street, Cleator, appeared at the same court last year and denied the charge but they changed their pleas yesterday.

There's no victim! Why is this a crime?

They spoke only to confirm their names and enter their pleas in front of Judge Peter Hughes QC.

They had sex between December 2011 and February 2012.

So they had sex. And what terrible thing happened as a result??? Judge Peter Hughes QC should've thrown this case out! They will be sentenced in April. Absurd.

THIS is exactly why we need rights for all consenting adults, all over the planet. They should not only be free to be together and love each other as they see best, but marry if that is what they'd like. Instead law enforcement resources are wasted in prosecuting them.

Read more »

Posted in: consanguineous,courts,father-daughter,GSA,incest,lack of equality harms,law,prejudice,prosecution,UK

The US Supreme Court Should Rule for Equality

In June 2013, the US Supreme Court took baby steps forward towards full marriage equality. Since then, federal courts and the Obama Administration have been taking more steps forward. But there is still a long way to go and still wasteful resistance to progress.

The Court should consolidate and consider many federal cases now in the system. We want the US Supreme Court to make the best possible ruling, which is to recognize relationship rights, including full marriage equality, for all adults nationwide.

The Court should rule that…

An adult, regardless of gender, sexual orientation, race, or religion, should be free to share love, sex, residence, and marriage with any and all consenting adults, without prosecution, harassment, or discrimination.

There are many reasons why the Court should do this.

1. There are American adults, and in some cases their children, suffering right now because of discriminatory laws preventing them from marrying or even just being together. If we really care about children, equality, stability, security, and valuing family, we will let people decide for themselves what kind of relationships they will have, including marriage, if they want to marry.

2. As Court precedent states, marriage is a fundamental civil right.

3. As Court precedent states, consensual sex is part of the liberty protected by due process under the Fourteenth Amendment.

4. As Court precedent states, when the government intrudes on choices concerning family living arrangements, the usual deference to the legislature is inappropriate, and the Court must examine carefully the importance of the governmental interests advanced and the extent to which they are served by the challenged regulation.

5. Freedom of association for consenting adults is a basic Constitutional right. Just as there is no good reason to ban interracial relationships or marriage, there is no good reason to ban same-gender relationships or marriages, polyamorous relationships or polygamous marriages, or consanguinamorous relationships or consanguineous marriages. There is no good reason to limit marriage to narrowly exogamous heterosexual couples.

6. Freedom of religion is a basic Constitutional right. One group’s religion should not deny the rights of other consenting adults to be together or marry. Conversely, some religions recognize or promote marriages currently banned under laws in most or all fifty states, depending on the marriages.

7. A Court ruling recognizing relationship rights and full marriage equality for all adults will provide what the Constitution requires: equal protection, rather than a piecemeal approach of this freedom to marry or that form of civil union. Equality just for some, or in some aspects but not others, or in this state but not that state, is notequality. The Constitutional principles of equal protection, freedom of association, freedom of religion, and the right to privacy, along with basic fairness, rational reflection, and compassion, necessitate that the US government ensure the rights of all adults.


8. The momentum within the US, neighboring countries, and the modern world is for marriage equality. Full marriage equality is inevitable, as even many opponents of equality admit. So it is pointless to drag the fight out. The Court can end the uncertainties and inconsistencies, and end the hateful, destructive, confusing, costly state-by-state fights that often pit older generations against younger generations, by putting the US on the right side of history sooner rather than later and recognizing relationship rights for all adults. More and more US states are adopting the limited same-gender freedom to marry. Many others have domestic partnerships or civil unions. Utah's law criminalizingpolyamory has been overturned, but that ruling is being appealed by the state, while other states allow polyamory but do not protect polyamorists and deny the polygamous and polyamorous freedom to marry. Some states allow first cousins to marry monogamously without restriction, other states allow them to marry with restrictions, some states ban this freedom to marry entirely, and a couple of states even criminalize sex between first cousins. Some states allowing any adults who are closer relatives their sexual rights with each other while other states ban those rights.

9. Full marriage equality will end inequalities and confusion in immigration policies.

10. Recognizing relationships rights, including full marriage equality, for all adults is good for business, as many businesses have publicly stated. Their employees will no longer be treated as second-class citizens, their human resources departments will not have to deal with state-by-state conflicts, and employees will be free to move (temporarily or permanently) from one location to another without facing different restrictions on their relationships.

11. Government employees, including the men and women serving in our military, will not have to face different restrictions on their relationships from place to place.

Nobody should fear being arrested and imprisoned for having a consensual relationship with other adults.

Nobody should be denied the freedom to marry other consenting adults.

There are people who love each other, who have been living as spouses, even have children together, who are denied their rights, who need and want full marriage equality.

Let’s get on the right side of history sooner rather than later, and put the hate, bigotry, and bullying behind us. The US Supreme Court should protect the rights of all adults in all states.

Read more »

Posted in: boundaries,courts,freedom to marry,law,marriage equality,US

The Changing Map For the Freedom to Marry

If you've been unable to keep up with the all of the news of the building momentum for nationwide full marriage equality in the US, Jonathan Capehart at washingtonpost.com has posted a useful graphic of the status of the limited monogamous same-gender freedom to marry in the various states.

During an appearance on “Now with Alex Wagner” on Friday, I had to sneak a peek at the cheat sheet I made for our discussion about the same-sex marriage victory in a Virginia federal court. Ever since the Supreme Court struck down the so-called Defense of Marriage Act (DOMA),  the lower federal courts have been busy hearing challenges to state statutes and constitutional amendments prohibiting same-sex marriage.

He draws the obvious parallel to where bans on interracial marriage were when the Supreme Court struck them down. The graphic is larger at the link.

There is no good reason to deny that we must keep evolving until an adult, regardless of gender, sexual orientation, race, or religion is free to share love, sex, residence, and marriage (or any of those without the others) with any and all consenting adults, without prosecution, bullying, or discrimination.

Read more »

Posted in: courts,freedom to marry,law,LGBT,same-sex

Zimbabwe Still Prosecuting Consenting Adults

From allafrica.com comes this report of the criminal prosecution of first cousins for the "crime" of loving each other.

Two cousins who were involved in an incestuous relationship which resulted in the birth of a girl and current pregnancy will perform 630 hours of community service. The two's fathers are brothers and traditionally are expected to treat each other as brother and sister. Ashley Feremenga (19) and her cousin Robson Feremenga (21) were living as husband and wife in Dzivaresekwa before neighbours alerted Ashley's father Jonasi.

I wonder what the love lives of those neighbors are like... if they have a love life in the first place. Must not be very fulfilling if they have time to rat people out for loving each other.

I'm sure their child is healthy. Otherwise, you can be sure this report would have noted any problems.

The duo was convicted after their own plea of guilt when they appeared before Harare magistrate Mr Aidonia Masawi who sentenced them to a 36 month-imprisonment term.

What a waste of the court.

Ashley's father Jonasi only came to know about their relationship after being advised by his neighbours.

He filed a police report leading to their arrest.

Rat. The lovers should keep his grandchildren away from him.

Fortunately, very few US states have ridiculous laws criminalizing consensual sex between first cousins. About half of US states will legally marry first cousins, and such marriages are common in many countries today, and have been very common throughout history. Prosecuting consenting adults for loving each other is outrageous.

Read more »

Posted in: Africa,breaking up homes,children,consanguineous,courts,cousins,family reaction,lack of equality harms,love,prejudice,prosecution,Zimbabwe

Coverage of Genetic Sexual Attraction Case

Ignorance abounds when it comes to Genetic Sexual Attraction, as evidenced by both many of the journalists writing about the Mistie Atkinson case and certainly the people commenting on the stories. Outlets all over the word have covered the story, most just reprinting versions of the same two or three articles. [I am bumping this up because a news outlet decided to print this story as if it just happened.]

Here it is at dailymail.co.uk. The headline?

Mom who made sex tape with son, 16, is jailed for four years... but says it was just a case of 'genetic attraction' after they were reunited after 15 years apart

That makes it sound like she was making a video to show others.

Mistie Rebecca Atkinson, 32, was sentenced to four years and eight months behind bars in Napa County Superior Court, California on Wednesday.

It came after she was found in a Ukiah, California motel room with the 16-year-old boy, who had recorded his mother giving him oral sex on his phone.

 So he recorded it.

Here's the coverage at nydailynews.com.

Here is it at newsone.com.

Here it is at ktvu.com.

Even a site called eastafricanmoviedatabase.com printed the article.

Seamus O'Riley blogged the NY Daily News article.

Here is one of the comments...

equinox displayed complete ignorance of GSA... 

When is a rose not a rose? Incest by any other name smells so sweet. Let's play innocence by semantics today! 

Must be nice to be so sure that nobody else could possibly experience something you haven't.

And there were several comments from people who said she must have intended to assault him from the start. After all, why else would a woman care about seeing the person to whom she gave birth? Ignorance abounds.

Here is the inquisitr.com coverage, and the kolotv.com coverage, and the bossip.com coverage, where she is called crazy. Finally, see this blog for the same sort of thing, where she os called "sicko."

This was most certainly not incest in the sociological sense. She was not the boy's guardian. She did not raise the boy. She should be treated no more harshly than any other 32 year-old woman who does the same things with a 16 year-old boy in the state of California. If anything, the sentences in GSA cases that don't involve violence should be more lenient and focus on counseling.

Read more »

Posted in: California,consanguineous,courts,family reaction,GSA,incest,law,mother-son,myths,prejudice,prosecution,reunion

Samoa Still Prosecuting Consenting Adults

We've noted the law and prosecutions in Samoa before. Like many other places, including most US states, adults are still criminally prosecuted for having consensual sex. Sarai Ripine reported at samoaobserver.ws that a father and daughter both tried to take the "blame" away from each other. That sounds like love at work.

A father and daughter have both claimed they were the first to ask for sex with each other. A 28-year-old woman facing incest charges has told the Supreme Court it was she who asked her father, not the other way around. The father told police he asked first.

Both she and her father have pleaded guilty to incest charges.

She is 28. She is capable of consenting to sex. While they each tried to protect the other in this case, I think in some cases the lovers might end up with the parent or older sibling taking all of the "blame," even to the point of the younger person saying it wasn't consensual, as it spares the younger person from being prosecuted. If the option is one of gets a criminal prosecution and a "sex offender" brand or they both get that, it is better, they figure, that only of them gets it. This is NOT to deny that assaults aren't happening, perpetrated by a parent or older sibling. They certainly are, but those are an entirely different matter than consensual sex, which is what I'm talking about here.

According to the Police summary of facts, the woman and her father, 54, talked together in front of their house on a night between 1st and 31st May 2013, while the mother was in Savai’i. The father told his daughter how her mother was suspicious of the nature of the relationship between the two of them. The daughter told her father she could not understand why her mother was angry with her, police said.

However, the two were attracted to each other. That same night, the father asked his daughter to have an affair with him, and she agreed.

This blog does not promote breaking existing vows to others (cheating). Rather, in an ideal world, vows and other mutual agreements would be renegotiated or ended before cheating could happen. However, very few places still have legal sanctions against cheaters, and this criminal case was not a prosecution for cheating, but for "incest." That's ridiculous.

When the mother came back from Savai’i she heard what had happened between her husband and daughter. She reported them to a matai family member and the matai took that issue to the village council. The pair was punished by the village. The police case was contradicted by the probation report.

This is the mother's business, and that of the two lovers. It is nobody else's.

Justices Vui Clarence Nelson asked the girl to confirm that she told Probation that it was her seeking sex from her father, not the other way around. She said the Probation report was correct, that there were two occasions she asked her father, but her father refused both times. It was only by the third time she asked him that her father agreed.

Justice Nelson said he needed time to read all the documents relating to this matter.

The pair was remanded in custody until Monday 13 January 2014 for sentencing.

How ridiculous that public resources are being wasted this way. I have to wonder if this was a case of Genetic Sexual Attraction. No information is provided about whether or not the father has been in the daughter's life all along. It is a reminder that people in consanguinamorous relationships should protect themselves, because even if there is not cheating, some jealous or envious person could rat lovers out.

Read more »

Posted in: boundaries,cheating,consanguineous,courts,family reaction,father-daughter,incest,lack of equality harms,love,prosecution

Samoa Still Prosecuting Consenting Adults

We've noted the law and prosecutions in Samoa before. Like many other places, including most US states, adults are still criminally prosecuted for having consensual sex. Sarai Ripine reported at samoaobserver.ws that a father and daughter both tried to take the "blame" away from each other. That sounds like love at work.

A father and daughter have both claimed they were the first to ask for sex with each other. A 28-year-old woman facing incest charges has told the Supreme Court it was she who asked her father, not the other way around. The father told police he asked first.

Both she and her father have pleaded guilty to incest charges.

She is 28. She is capable of consenting to sex. While they each tried to protect the other in this case, I think in some cases the lovers might end up with the parent or older sibling taking all of the "blame," even to the point of the younger person saying it wasn't consensual, as it spares the younger person from being prosecuted. If the option is one of gets a criminal prosecution and a "sex offender" brand or they both get that, it is better, they figure, that only of them gets it. This is NOT to deny that assaults aren't happening, perpetrated by a parent or older sibling. They certainly are, but those are an entirely different matter than consensual sex, which is what I'm talking about here.

According to the Police summary of facts, the woman and her father, 54, talked together in front of their house on a night between 1st and 31st May 2013, while the mother was in Savai’i. The father told his daughter how her mother was suspicious of the nature of the relationship between the two of them. The daughter told her father she could not understand why her mother was angry with her, police said.

However, the two were attracted to each other. That same night, the father asked his daughter to have an affair with him, and she agreed.

This blog does not promote breaking existing vows to others (cheating). Rather, in an ideal world, vows and other mutual agreements would be renegotiated or ended before cheating could happen. However, very few places still have legal sanctions against cheaters, and this criminal case was not a prosecution for cheating, but for "incest." That's ridiculous.

When the mother came back from Savai’i she heard what had happened between her husband and daughter. She reported them to a matai family member and the matai took that issue to the village council. The pair was punished by the village. The police case was contradicted by the probation report.

This is the mother's business, and that of the two lovers. It is nobody else's.

Justices Vui Clarence Nelson asked the girl to confirm that she told Probation that it was her seeking sex from her father, not the other way around. She said the Probation report was correct, that there were two occasions she asked her father, but her father refused both times. It was only by the third time she asked him that her father agreed.

Justice Nelson said he needed time to read all the documents relating to this matter.

The pair was remanded in custody until Monday 13 January 2014 for sentencing.

How ridiculous that public resources are being wasted this way. I have to wonder if this was a case of Genetic Sexual Attraction. No information is provided about whether or not the father has been in the daughter's life all along. It is a reminder that people in consanguinamorous relationships should protect themselves, because even if there is not cheating, some jealous or envious person could rat lovers out.

Read more »

Posted in: boundaries,cheating,consanguineous,courts,family reaction,father-daughter,incest,lack of equality harms,love,prosecution

Polygamy Ruling Doesn't Go Far Enough

Polygamy, plural marriage, polyamory… the news and commentary media coverage has been more than plentiful since the Browns of Sister Wives won recently in a court decision that overturned an item in Utah law that was, perhaps, the most restrictive of its kind in the country.

There has been so much confusion about what actually happened.

No, unfortunately, the court did not grant the polygamous freedom to marry.

What it did was overturn what was, when you get down to it, the criminalization of a polyfidelitous form of polyamory. Under Utah law, people have been free to have a different sex partner every night, and have children with all of them. What they were prevented from doing was actually living with or considering themselves as married to more than one person at a time. So again, if one woman wanted to have sex and children with five different men, that was OK, but she was a criminal if she lived with two men and called both of them her husbands.

It was a ridiculous law, intended to attack religious minorities for their practice of what they call plural marriage, a religion-based form of polygyny. Yet how effective was it at actually stopping polygynous living, or, what is really important, preventing spousal and child abuse? It wasn’t. I argue that such laws actually help perpetuate domestic violence and child abuse by making victims and witnesses more reluctant to cooperate with law enforcement because their own consensual, non-abusive relationships are criminalized.

Anti-equality and compulsory monogamy finger-waggers have been acting like this ruling is the end of the world, no doubt using it as a fundraiser for their certified hate groups. And other people ignorant about what is really going on have regurgitated the ridiculous “polygamy is bad for women and unattractive men” warning (see Discredited Arguments #9, 15, and 16). Some monogamist gay commentators have been throwing poly folks under the bus.

But the court decision is hardly envelope-pushing. It aids long-established, fundamental rights such as the freedom of association and freedom of religion, and brings Utah a little closer to the other 49 states and most of the modern world in no longer allowing law enforcement to march into your home and say, “You can’t love and commit to more than one person! Off to jail with you!”

What I wish the ruling had done was recognize the polygamous freedom to marry (which is what some people seem to think happened.) It is nice to see that, even though there is much bigotry-spewing and there are plenty of bus sightings, there are also many allies standing up and challenging people with the simple question, “What’s wrong with letting people be with the consenting adults they love?” Although the ruling did not go far enough, it is a step in the right direction, and the civil rights march has often progressed through baby steps.

There is still much work to do, but full marriage equality will happen. We will get there. A woman, like a man, should be free to share love, sex, residence, and marriage (or any of those without the others) with ANY and ALL consenting adults, without prosecution, bullying, or discrimination. If a woman wants to marry a man who is already married, that is of no ill effect to anyone else. If she wants to marry two women, that hurts nobody. Let them be! Let them marry!

Read more »

Posted in: allies,boundaries,courts,law,polyamory,polygamy,prejudice,Sister Wives,Utah

Polygamy Ruling Doesn't Go Far Enough

Polygamy, plural marriage, polyamory… the news and commentary media coverage has been more than plentiful since the Browns of Sister Wives won recently in a court decision that overturned an item in Utah law that was, perhaps, the most restrictive of its kind in the country.

There has been so much confusion about what actually happened.

No, unfortunately, the court did not grant the polygamous freedom to marry.

What it did was overturn what was, when you get down to it, the criminalization of a polyfidelitous form of polyamory. Under Utah law, people have been free to have a different sex partner every night, and have children with all of them. What they were prevented from doing was actually living with or considering themselves as married to more than one person at a time. So again, if one woman wanted to have sex and children with five different men, that was OK, but she was a criminal if she lived with two men and called both of them her husbands.

It was a ridiculous law, intended to attack religious minorities for their practice of what they call plural marriage, a religion-based form of polygyny. Yet how effective was it at actually stopping polygynous living, or, what is really important, preventing spousal and child abuse? It wasn’t. I argue that such laws actually help perpetuate domestic violence and child abuse by making victims and witnesses more reluctant to cooperate with law enforcement because their own consensual, non-abusive relationships are criminalized.

Anti-equality and compulsory monogamy finger-waggers have been acting like this ruling is the end of the world, no doubt using it as a fundraiser for their certified hate groups. And other people ignorant about what is really going on have regurgitated the ridiculous “polygamy is bad for women and unattractive men” warning (see Discredited Arguments #9, 15, and 16). Some monogamist gay commentators have been throwing poly folks under the bus.

But the court decision is hardly envelope-pushing. It aids long-established, fundamental rights such as the freedom of association and freedom of religion, and brings Utah a little closer to the other 49 states and most of the modern world in no longer allowing law enforcement to march into your home and say, “You can’t love and commit to more than one person! Off to jail with you!”

What I wish the ruling had done was recognize the polygamous freedom to marry (which is what some people seem to think happened.) It is nice to see that, even though there is much bigotry-spewing and there are plenty of bus sightings, there are also many allies standing up and challenging people with the simple question, “What’s wrong with letting people be with the consenting adults they love?” Although the ruling did not go far enough, it is a step in the right direction, and the civil rights march has often progressed through baby steps.

There is still much work to do, but full marriage equality will happen. We will get there. A woman, like a man, should be free to share love, sex, residence, and marriage (or any of those without the others) with ANY and ALL consenting adults, without prosecution, bullying, or discrimination. If a woman wants to marry a man who is already married, that is of no ill effect to anyone else. If she wants to marry two women, that hurts nobody. Let them be! Let them marry!

Read more »

Posted in: allies,boundaries,courts,law,polyamory,polygamy,prejudice,Sister Wives,Utah

Incest Charges Against Zambian Woman Dropped

Sylvia Mweetwa reports at times.co.zm that an adult woman in Zambia charged with "incest" has been freed. Once again, reports are too skimpy to give a clear picture of what happened.

A TWENTY-FIVE-YEAR-OLD woman of Kapiri Mposhi who is alleged to have been in a secret sexual affair with her 49-year-old father for nine years and has been appearing in court for charges of incest has walked to freedom.

That would have made her 16 when the "sexual affair" started. According to this and this, 16 is the age of consent in Zambia.

This was after the Director of Public Prosecutions (DPP) issued instructions to enter a nolle prosequi into the matter. The woman could be turned into a State witness.

So, does that imply that they now believe it wasn't consensual?

This is in a case in which Gift Mweemba was facing a charge of incest by a female.

Particulars of the offence were that between January 1, 2004 and March 1, 2013, Gift permitted Paid Mweemba, knowing that he was her biological father, to have unlawful carnal knowledge of her contrary to Section 161 (1) of the Laws of Zambia.

It would have been perfectly legal for her to have sex with a complete stranger who was a 40 or 50-year-old, or a neighbor who has been like a father to her since she was born, but not the man she is alleged to have had a "sexual affair" with.

Meanwhile, in the case of Mweemba who is facing one count of incest contrary to Section 159 (1) of the Penal Code Cap 87 as amended by Act No. 15 of 2005 of the Laws of Zambia, the DPP allowed the commencement of trial.

Particulars of the offence are that Mweemba between January 1, 2004 and March 1, 2013, knowing that Gift was his biological daughter, had unlawful carnal knowledge of her.

Interesting that they are different parts of the law, but essentially the same charge: consensual incest. If this wasn't consensual he should be charged with rape. If it was consensual it shouldn't be a criminal matter. No information on whether or not he raised her or not, or how they were turned over for prosecution. If he raised her and groomed her for this, that would be quite the story as she was held under his sway all the way through age 25 and it shouldn't be called a "sexual affair" but rather ongoing sexual assault. But if this is different matter, where she actually did freely consent (perhaps not being raised by him at all), the story is that they are wasting resources pursuing his prosecution. The article then goes on to apparently less important criminal matters... like homicide.

Read more »

Posted in: Africa,consanguineous,courts,father-daughter,incest,law,prosecution

Incest Charges Against Zambian Woman Dropped

Sylvia Mweetwa reports at times.co.zm that an adult woman in Zambia charged with "incest" has been freed. Once again, reports are too skimpy to give a clear picture of what happened.

A TWENTY-FIVE-YEAR-OLD woman of Kapiri Mposhi who is alleged to have been in a secret sexual affair with her 49-year-old father for nine years and has been appearing in court for charges of incest has walked to freedom.

That would have made her 16 when the "sexual affair" started. According to this and this, 16 is the age of consent in Zambia.

This was after the Director of Public Prosecutions (DPP) issued instructions to enter a nolle prosequi into the matter. The woman could be turned into a State witness.

So, does that imply that they now believe it wasn't consensual?

This is in a case in which Gift Mweemba was facing a charge of incest by a female.

Particulars of the offence were that between January 1, 2004 and March 1, 2013, Gift permitted Paid Mweemba, knowing that he was her biological father, to have unlawful carnal knowledge of her contrary to Section 161 (1) of the Laws of Zambia.

It would have been perfectly legal for her to have sex with a complete stranger who was a 40 or 50-year-old, or a neighbor who has been like a father to her since she was born, but not the man she is alleged to have had a "sexual affair" with.

Meanwhile, in the case of Mweemba who is facing one count of incest contrary to Section 159 (1) of the Penal Code Cap 87 as amended by Act No. 15 of 2005 of the Laws of Zambia, the DPP allowed the commencement of trial.

Particulars of the offence are that Mweemba between January 1, 2004 and March 1, 2013, knowing that Gift was his biological daughter, had unlawful carnal knowledge of her.

Interesting that they are different parts of the law, but essentially the same charge: consensual incest. If this wasn't consensual he should be charged with rape. If it was consensual it shouldn't be a criminal matter. No information on whether or not he raised her or not, or how they were turned over for prosecution. If he raised her and groomed her for this, that would be quite the story as she was held under his sway all the way through age 25 and it shouldn't be called a "sexual affair" but rather ongoing sexual assault. But if this is different matter, where she actually did freely consent (perhaps not being raised by him at all), the story is that they are wasting resources pursuing his prosecution. The article then goes on to apparently less important criminal matters... like homicide.

Read more »

Posted in: Africa,consanguineous,courts,father-daughter,incest,law,prosecution

Scotland Still Prosecuting Consenting Adults For Loving Each Other

From this report at stv.tv, it appears as though Scotland is still prosecuting adults for consensual sex. What century is this again?

 

A man is to stand trial accused of having sex with his half-sister.

Doesn't that sound ridiculous? What a waste of resources. Every bit of money and time put into prosecuting this case could have been spent prosecuting abusers.

John Bowes is alleged to have committed an act of incest by sleeping with half-sister Sheila Drummond Bowes at a property in Dundee's Douglas area in summer 2011.

I don't think sleeping is the issue here.

Bowes is alleged to have "had sexual intercourse with a person related to him" between July 26, 2011 and August 4, 2011 at a flat in the city's Ballater Place.

The 48-year-old, of Balunie Crescent, Dundee, denies a charge of incest at the city's sheriff court. A trial date has been set for February and Bowes was released on bail until then.

He's 48. Her age isn't given, but it is likely that she is well into adulthood as well. Why is this a crime? It shouldn't be. And if this was consensual sex, is she being charged, too?  If this wasn't consensual, the report is written very poorly and the charges should be rape. If this was consensual, it shouldn't be a criminal matter at all. They should be free to have sex with each other and marry each other, if that is what they want.

Too many questions aren't answered. I do wonder who reported this to the authorities, whether or not they grew up together, and whether or not this is a likely case of Genetic Sexual Attraction.

Don't let this happen to you, lovers. Take steps to protect yourself.

Read more »

Posted in: brother-sister,consanguineous,courts,GSA,incest,lack of equality harms,law,prosecution,siblings,UK

Scotland Still Prosecuting Consenting Adults For Loving Each Other

From this report at stv.tv, it appears as though Scotland is still prosecuting adults for consensual sex. What century is this again?

 

A man is to stand trial accused of having sex with his half-sister.

Doesn't that sound ridiculous? What a waste of resources. Every bit of money and time put into prosecuting this case could have been spent prosecuting abusers.

John Bowes is alleged to have committed an act of incest by sleeping with half-sister Sheila Drummond Bowes at a property in Dundee's Douglas area in summer 2011.

I don't think sleeping is the issue here.

Bowes is alleged to have "had sexual intercourse with a person related to him" between July 26, 2011 and August 4, 2011 at a flat in the city's Ballater Place.

The 48-year-old, of Balunie Crescent, Dundee, denies a charge of incest at the city's sheriff court. A trial date has been set for February and Bowes was released on bail until then.

He's 48. Her age isn't given, but it is likely that she is well into adulthood as well. Why is this a crime? It shouldn't be. And if this was consensual sex, is she being charged, too?  If this wasn't consensual, the report is written very poorly and the charges should be rape. If this was consensual, it shouldn't be a criminal matter at all. They should be free to have sex with each other and marry each other, if that is what they want.

Too many questions aren't answered. I do wonder who reported this to the authorities, whether or not they grew up together, and whether or not this is a likely case of Genetic Sexual Attraction.

Don't let this happen to you, lovers. Take steps to protect yourself.

Read more »

Posted in: brother-sister,consanguineous,courts,GSA,incest,lack of equality harms,law,prosecution,siblings,UK

Treating Love As Worse Than Murder

It is bad enough that some people do not make a mental distinction between consensual sex between close relatives and assault or abuse by a close relative, putting it all under the same label, but when the law does it, it leads to injustice, and that injustice can be made even worse by criminal sentencing requirements. Two different people have recently illustrated this.

IchigoRadiance left a great comment after another entry here.

According to Wikipedia, Consanguinamory can get you 25 years. Also according to wikipedia, the sentences of rape are not uniform, but tend to average around 11.8 years. But the actual time served tends to be around half at 5.4 years

Who thinks it makes sense to send consensual lovers to prison at all, never mind sending them to jail for longer than rapists?



IR is very effective at going over the problems with criminalizing consanguineous sex.

If it really was about the rape, then the charges would be combined as consanguineous rape or incestual rape. But even that falls apart. It would suck if I got stabbed and robbed, but I would feel even worse if it was a family member that mugged me. And yet, there is no law for consanguineous mugging or whatever you could call it. And certainly they don't call mugging a family member incest.

It really is is senseless.

As people who love each other get sentenced to longer than a rape charge, and longer than a murder charge, the law seems to encourage people to be as sleazy as possible. In for a penny in for a pound.
It's always disheartening to know that if you have a happy relationship with a family member,and you get caught, you are eligable for more time than some guy who severely raped his victim and murdered them.

Yes, so let's consider a real possibility. Two adults who are closely related have consensual sex. Let's say one is younger and physically smaller than the other. Maybe a third person knows, or maybe the lovers have a falling out, and the smaller one threatens to report the sex as a crime. The other person could potentially come out ahead by murdering the third person or the former lover. Even if convicted for the murder, this convict might spend less time in prison and wouldn't have to register as a sex offender, as they would if they had been convicted of having consensual sex.

Our favorite fiction writer wrote some compelling nonfiction about this on her website...

Per Wikipedia, in the following states, if you are convicted of incest, be it rape or between consenting adults, the sentence is LIFE imprisonment. Here are possible sentences for first-degree murder in those states.

Alabama – Death penalty, Life without parole, or Life with parole in 25 years
Florida – death penalty or life without parole
Georgia – Life in prison, in some cases parole within 25 years
Louisiana – Mandatory sentencing: 15-50 years
Mississippi – Death, Life without parole, or Life with parole in 25 years
North Carolina – Death or Life without Parole
South Carolina – Death, Life without parole, or not less than 30 years in prison
Tennessee – Death, Life without parole, or Life with parole eligibility after 35 years

Did anyone else notice that in six of these eight states it is possible to go to jail longer for consensual sex than for first degree murder?

She then goes on to tackle Discredited Argument #18.

So we are looking at a birth defect rate of 7-9% for the product of siblings in healthy, childbearing years and 6-8% for women over forty. Last I heard, late in life parenting was on the rise and no one was trying to stop it.

If you haven't done so already, buy her fiction that includes these themes.

Consensual sex is not abuse. Stop wasting resources trying to keep consensual adults from marrying each other, loving each other, or playing with each other, and instead redirect those resources towards protecting people against predators.

See also:

Consanguinamory and Reproduction

What Genealogists Know

Read more »

Posted in: allies,children,consanguineous,courts,GSA,incest,lack of equality harms,law,love,prejudice,prosecution

Treating Love As Worse Than Murder

It is bad enough that some people do not make a mental distinction between consensual sex between close relatives and assault or abuse by a close relative, putting it all under the same label, but when the law does it, it leads to injustice, and that injustice can be made even worse by criminal sentencing requirements. Two different people have recently illustrated this.

IchigoRadiance left a great comment after another entry here.

According to Wikipedia, Consanguinamory can get you 25 years. Also according to wikipedia, the sentences of rape are not uniform, but tend to average around 11.8 years. But the actual time served tends to be around half at 5.4 years

Who thinks it makes sense to send consensual lovers to prison at all, never mind sending them to jail for longer than rapists?



IR is very effective at going over the problems with criminalizing consanguineous sex.

If it really was about the rape, then the charges would be combined as consanguineous rape or incestual rape. But even that falls apart. It would suck if I got stabbed and robbed, but I would feel even worse if it was a family member that mugged me. And yet, there is no law for consanguineous mugging or whatever you could call it. And certainly they don't call mugging a family member incest.

It really is is senseless.

As people who love each other get sentenced to longer than a rape charge, and longer than a murder charge, the law seems to encourage people to be as sleazy as possible. In for a penny in for a pound.
It's always disheartening to know that if you have a happy relationship with a family member,and you get caught, you are eligable for more time than some guy who severely raped his victim and murdered them.

Yes, so let's consider a real possibility. Two adults who are closely related have consensual sex. Let's say one is younger and physically smaller than the other. Maybe a third person knows, or maybe the lovers have a falling out, and the smaller one threatens to report the sex as a crime. The other person could potentially come out ahead by murdering the third person or the former lover. Even if convicted for the murder, this convict might spend less time in prison and wouldn't have to register as a sex offender, as they would if they had been convicted of having consensual sex.

Our favorite fiction writer wrote some compelling nonfiction about this on her website...

Per Wikipedia, in the following states, if you are convicted of incest, be it rape or between consenting adults, the sentence is LIFE imprisonment. Here are possible sentences for first-degree murder in those states.

Alabama – Death penalty, Life without parole, or Life with parole in 25 years
Florida – death penalty or life without parole
Georgia – Life in prison, in some cases parole within 25 years
Louisiana – Mandatory sentencing: 15-50 years
Mississippi – Death, Life without parole, or Life with parole in 25 years
North Carolina – Death or Life without Parole
South Carolina – Death, Life without parole, or not less than 30 years in prison
Tennessee – Death, Life without parole, or Life with parole eligibility after 35 years

Did anyone else notice that in six of these eight states it is possible to go to jail longer for consensual sex than for first degree murder?

She then goes on to tackle Discredited Argument #18.

So we are looking at a birth defect rate of 7-9% for the product of siblings in healthy, childbearing years and 6-8% for women over forty. Last I heard, late in life parenting was on the rise and no one was trying to stop it.

If you haven't done so already, buy her fiction that includes these themes.

Consensual sex is not abuse. Stop wasting resources trying to keep consensual adults from marrying each other, loving each other, or playing with each other, and instead redirect those resources towards protecting people against predators.

See also:

Consanguinamory and Reproduction

What Genealogists Know

Read more »

Posted in: allies,children,consanguineous,courts,GSA,incest,lack of equality harms,law,love,prejudice,prosecution

Was He Prosecuted for Assault or Consensual Encounters?

Is Kentucky prosecuting consenting adults for having sex with each other? There's no way to know from what is reported in this article at cynthianademocrat.com. Beck Barnes has the blurb.

The Harrison County man who was indicted in August on three counts of incest has changed his plea.

Handsome Lee Tolliver, 45, will be sentenced Jan. 7 in Harrison Circuit Court following a pre-sentencing investigation and evaluation.

Tolliver entered a guilty plea to each of three charges of incest on Tuesday in Harrison Circuit Court.

The August indictment stated that Tolliver had sexual intercourse or deviate sexual intercourse with a person whom he knew to be his descendant.

Why not a "sexual assault" or "rape" charge? Without such a charge, this sounds like it could have been consensual. A 45-year-old man could easily have a "descendent" who is well into adulthood and fully consented. There isn't even any information on whether he was involved in the person's life while they were growing up. Consensual sex should not be a crime. Rape should be called what it is... rape. And it should be prosecuted as such.

Read more »

Posted in: consanguineous,courts,Kentucky,prosecution,terminology

Was He Prosecuted for Assault or Consensual Encounters?

Is Kentucky prosecuting consenting adults for having sex with each other? There's no way to know from what is reported in this article at cynthianademocrat.com. Beck Barnes has the blurb.

The Harrison County man who was indicted in August on three counts of incest has changed his plea.

Handsome Lee Tolliver, 45, will be sentenced Jan. 7 in Harrison Circuit Court following a pre-sentencing investigation and evaluation.

Tolliver entered a guilty plea to each of three charges of incest on Tuesday in Harrison Circuit Court.

The August indictment stated that Tolliver had sexual intercourse or deviate sexual intercourse with a person whom he knew to be his descendant.

Why not a "sexual assault" or "rape" charge? Without such a charge, this sounds like it could have been consensual. A 45-year-old man could easily have a "descendent" who is well into adulthood and fully consented. There isn't even any information on whether he was involved in the person's life while they were growing up. Consensual sex should not be a crime. Rape should be called what it is... rape. And it should be prosecuted as such.

Read more »

Posted in: consanguineous,courts,Kentucky,prosecution,terminology

Priorities in Law Enforcement, Journalism

An adult man had consensual sex with an adult woman. That shouldn't be a crime, but he was arrested and criminally charged anyway.

An adult woman sexually assaulted a toddler and self (apparently) documented her crime on video. She was criminally charged for her crimes, as she should be.

These things have happened in Wisconsin. But it would be nice to have some clarity and prioritizing in the reports.

Here's a report by Ashley Luthern at jsoline.com with the headline "Oak Creek Woman, Rancine Man Charged in Incest Case"....

The brother of an Oak Creek woman accused of filming her sexual assaults of a young relative was charged Tuesday with incest.

The way that's written, it appears ambiguous as to whether the "accused" refers to the woman or the brother, as in... was the brother accused of filming her, or was she accused of filming herself? Proximity implies the latter. Based on the rest of the story and another report, it doesn't seem like the brother was involved in the abuse of the toddler at all. He is being criminally charged for consensual sex with the woman.

Justin S. Surber, 33, of Racine admitted to police that he had a consensual sexual relationship with his sister, Jessica Bell, from 2012 until May or June 2013, according to a criminal complaint.

Bell, 24, was adopted and didn't find Surber, her biological brother, until last year.

So this sounds like it could be Genetic Sexual Attraction.

Bell also recently was charged in Racine County Circuit Court with two counts of incest, two counts of first-degree sexual assault of a child under the age of 12 and other felonies.

That's a real crime.

The alleged abuse was discovered when Bell's boyfriend became suspicious of Bell's relationship with Surber.

The boyfriend looked at Bell's computer and found videos of Bell forcing the relative, a toddler, to perform sex acts and use sex toys, the complaint stated.

If would be bad enough to find that your girlfriend is cheating on you, but to find out your girlfriend was sexually assaulting toddlers? How horrible.

Here's what was reported at racineuncovered.org, headline with "Racine Man Charged With Incest"...

On October 5, 2013, at approximately 5:48, the Oak Creek Police Department was dispatched to the 500 block of West Puetz Road, to investigate a report that the caller found a video on a computer of Jessica Bell engaged in sexual acts with a toddler. As a result of this investigation, Investigators of the City of Racine Police Department interviewed Jessica Bell. During her interview, Bell stated that she met the suspect in early 2012 after she located her biological family on Face Book. 

This is where it gets into self-incrimination (I mean, in addition to the video...)

Bell stated that her sexual relationship with the suspect began in November of 2012. Bell stated that they had sexual relations three times beginning in November of 2012 until approximately June of 2013.

The suspect was also interviewed by Investigators with the Racine Police Department. According to the criminal complaint the suspect stated that he did have a consensual sexual relationship with his sister, Jessica Bell, and that the relationship was not forced, and he does not remember when the first sexual contact occurred between him and Bell but just stated it “kind of happened”. The suspect told police that they did have sexual intercourse with on more than one occasion and that he believes that they stopped having sexual intercourse sometime in the end of May or early June of 2013. 

Nobody should be charged for consensual adult sex. Anyone involved or complicit in the sexual assault of the toddler should be locked up in a bad place for a long time. If Surber was not involved in the abuse of the toddler, he shouldn't be criminally prosecuted. If Bell is guilty of abusing the child, she should be prosecuted to the full extend of laws dealing with such abuse of children, and not prosecuted for any consensual sex with an adult.

Anyone can experience Genetic Sexual Attraction. That includes great citizens who wouldn't hurt a fly and toxic, abusive people who prey on children.

Read more »

Posted in: boundaries,brother-sister,cheating,children,consanguineous,courts,GSA,incest,law,media,prosecution,reunion,siblings,Wisconsin

Priorities in Law Enforcement, Journalism

An adult man had consensual sex with an adult woman. That shouldn't be a crime, but he was arrested and criminally charged anyway.

An adult woman sexually assaulted a toddler and self (apparently) documented her crime on video. She was criminally charged for her crimes, as she should be.

These things have happened in Wisconsin. But it would be nice to have some clarity and prioritizing in the reports.

Here's a report by Ashley Luthern at jsoline.com with the headline "Oak Creek Woman, Rancine Man Charged in Incest Case"....

The brother of an Oak Creek woman accused of filming her sexual assaults of a young relative was charged Tuesday with incest.

The way that's written, it appears ambiguous as to whether the "accused" refers to the woman or the brother, as in... was the brother accused of filming her, or was she accused of filming herself? Proximity implies the latter. Based on the rest of the story and another report, it doesn't seem like the brother was involved in the abuse of the toddler at all. He is being criminally charged for consensual sex with the woman.

Justin S. Surber, 33, of Racine admitted to police that he had a consensual sexual relationship with his sister, Jessica Bell, from 2012 until May or June 2013, according to a criminal complaint.

Bell, 24, was adopted and didn't find Surber, her biological brother, until last year.

So this sounds like it could be Genetic Sexual Attraction.

Bell also recently was charged in Racine County Circuit Court with two counts of incest, two counts of first-degree sexual assault of a child under the age of 12 and other felonies.

That's a real crime.

The alleged abuse was discovered when Bell's boyfriend became suspicious of Bell's relationship with Surber.

The boyfriend looked at Bell's computer and found videos of Bell forcing the relative, a toddler, to perform sex acts and use sex toys, the complaint stated.

If would be bad enough to find that your girlfriend is cheating on you, but to find out your girlfriend was sexually assaulting toddlers? How horrible.

Here's what was reported at racineuncovered.org, headline with "Racine Man Charged With Incest"...

On October 5, 2013, at approximately 5:48, the Oak Creek Police Department was dispatched to the 500 block of West Puetz Road, to investigate a report that the caller found a video on a computer of Jessica Bell engaged in sexual acts with a toddler. As a result of this investigation, Investigators of the City of Racine Police Department interviewed Jessica Bell. During her interview, Bell stated that she met the suspect in early 2012 after she located her biological family on Face Book. 

This is where it gets into self-incrimination (I mean, in addition to the video...)

Bell stated that her sexual relationship with the suspect began in November of 2012. Bell stated that they had sexual relations three times beginning in November of 2012 until approximately June of 2013.

The suspect was also interviewed by Investigators with the Racine Police Department. According to the criminal complaint the suspect stated that he did have a consensual sexual relationship with his sister, Jessica Bell, and that the relationship was not forced, and he does not remember when the first sexual contact occurred between him and Bell but just stated it “kind of happened”. The suspect told police that they did have sexual intercourse with on more than one occasion and that he believes that they stopped having sexual intercourse sometime in the end of May or early June of 2013. 

Nobody should be charged for consensual adult sex. Anyone involved or complicit in the sexual assault of the toddler should be locked up in a bad place for a long time. If Surber was not involved in the abuse of the toddler, he shouldn't be criminally prosecuted. If Bell is guilty of abusing the child, she should be prosecuted to the full extend of laws dealing with such abuse of children, and not prosecuted for any consensual sex with an adult.

Anyone can experience Genetic Sexual Attraction. That includes great citizens who wouldn't hurt a fly and toxic, abusive people who prey on children.

Read more »

Posted in: boundaries,brother-sister,cheating,children,consanguineous,courts,GSA,incest,law,media,prosecution,reunion,siblings,Wisconsin