Definition
Incest is defined in Massachusetts law as:
the act of marriage between people classed as being too closely related, either by blood or adoption; and/or engaging in sexual intercourse or relations with a parent, child, sibling, or grandchild.
Requirements for Conviction
In order to secure a conviction, the prosecution will need to prove that:
- the defendant is related, whether through blood or adoption, to the alleged victim, and
- the defendant married or engaged in sexual intercourse/sexual activities with the alleged victim.
Penalties
If found guilty of incest, the defendant can be punished by imprisonment in the state prison for not more than 20 years or in the house of correction for not more than 2 ½ years.
Defenses to Incest
The consequences of an incest conviction are severe, so it is important to get an experienced defense attorney on your side if charged. Sometimes people are wrongfully charged. For example, a step-parent cannot be convicted of incest with a step-child, unless there has been an adoption. The Supreme Judicial Court has concluded that “consanguinity” is a required element of the crime of incest. This means that if the prosecution is unable to prove a blood or adoption relationship, there can be no conviction.
Every case is unique, and there is no one-sized fits all approach at our firm. We take the time to review each case and get to know our clients before offering our advice on a given case. We have experience successfully defending difficult sex crime charges, and offer sophisticated and personalized defense to our clients. If you or a loved one is facing charges, call us at 781-797-0555 today.
