INCEST: Murder of the Soul: Chapter Four guardian33. Criminal law and legislation have not criminalized incest. The criminal and civil laws of France do not include the concept of incest. It was nullified after the revolution of 1789 and replaced with recognition of aggravating circumstance that contributes to increasing punishment if a minor is sexually assaulted or raped by a man of blood relationship or trust (natural, legal, adopted relative or any other person with authority over the victim34. French law emphasizes that the element of blood relationship is one of the aggravating factors of the crime. It differentiates between the corruptions of minors versus the rape of people of blood relationship. It considered such an act illegal in accordance with French penal code if committed by an adult against a minor under the age of (15) years or by a person who is not necessarily adult but does have authority over a minor under the age of 18 years. With regard to sex crimes in the context of distinguishing between corruption of minors and illegal relationships with minors, the law emphasizes that the corruption of minors is a misdemeanor that does not necessarily have to include a sexual relationship or any physical contact; for example, it would include showing sexually explicit films or pornographic scenes35. French law also defines sexual assault as a sexual relationship which is committed by violence, coercion, threat or deception, and identified the aggravating conditions of the punishment for the crime of rape in the event that the rapist has some authority over the victim of rape or has a blood relationship to her36. Swiss law has criminalized the act of incest, using the concept of adultery involving persons of blood relationship. It defines adultery involving persons of blood relationship as “a sexual act between ancestors and descendents, brothers and sisters or between siblings of half blood.” It considers such kinds of sexual acts punishable by imprisonment, taking into account that it takes place between adults37. Algerian criminal legislation does not identify the concept of incest, but depends on identifying the elements of it as a criminal act and the penalty determined for it. Legislation criminalized the concept of incest in terms of its meaning as stated above. For example, Article (337) of the Algerian Amended Penal Code of 1966 considers incest as an indecent sexual relationship between persons of blood relationship, which would occur between: 1. Ancestors and descendents. 33 Al-Saed, 1993. Crimes against General Ethics and Family. 34 Mary Shaharstan. Man between biological development and cultural adaptation. Published on the web site of researchers. Albahethon.com\print_details.php. 35 “Two Million Victims of incest in France”. “Al-Arab AL-Qataria” e-magazine, 2-1-2009. Date of entry 5\10\2012. Ww.alarab.com.qa\details.php. 36 36. Mary Luis, Member of the French Parliament submitted a report in 2009 to the MoJ about the importance of addressing the issue of incest in the French legislations and setting mechanisms of handling the victims of incest. The report is based on a study conducted between October 2008 and June, 2009 with a view to combat the last French taboo. She asked for criminalizing incest by law as a crime different from rape or exploitation of minors. 37 Al-Hamadah. 2006-2007. Causes of incest crime…Master degree thesis from Damascus University: http:// law-zag.com/vb/showthread.php?9367. Date of entry 4\7\2012. 27

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