Chapter V Incest and Problems with Rights Introduction The law disregarded, with respect to the crime of incest, the relationship of submission and control which weakens the free will of women in a social context which is based on a patriarchal structure. It is a structure that aims to criminalize the weak party, and grants men the right to have control over women through laws that criminalize acts outside the frame of this control. This justifies the connection between the concept of honor and a woman’s body, the right of men to defend this concept and the provision that in some family sexual crimes, including incest, only a relative of the victim of up to the fourth degree of blood tie can file a complaint. This chapter will discuss such rights problems of incest within the laws that are in effect in Palestinian. These rights problems are exemplified in both the physical and mental elements of the crime of incest. 1. Laws pertaining to incest and patriarchal authority Incest is adultery with the additional element of a blood tie or the relationship stated in Article No. (285) of the penal code which includes the provision of blood tie. Considering incest as adultery with the additional element of blood tie raises an important problem because the law does not distinguish between the provisions of incest and fornication of women of blood relationship, considering both acts as one crime. Furthermore, the provisions pertainning to incest have avoided considering incest as a crime committed by two parties (offender, victim). Consent is defined as “the act of willingly and verbally agreeing to engage in an act against the public interest which is safeguarded by law. It is provided that this should be conducted in full knowledge of what is consented to”54. The influence of the consent of the victim on criminal responsibility is connected with the extent of the authority of the victim over her or his affected right. So the more authority the victim has by law over the affected right, the more influence the consent shall have55. 54 Najib, 1988. Explanation of Penal Procedure Law (Cairo: Dar al-Nahda al-Arabia, p. 353. 55 al-Jada’, 1983. “Victim’s consent and its legal influence: a comparative study”, (Cairo University, p.154. 37