INCEST: Murder of the Soul: Chapter Four Blood relationships under criminal legislation are sometimes considered to be a component element of some crimes, such as the crime of neglecting children or neglecting to support them43. It is sometimes also considered to be an aggravating circumstance to increase the penalty of a criminal act, such as the crime of the intentional killing of a descendant, in which case the offender could face the death penalty44. On the other hand, it could be considered as a mitigating circumstance to reduce the penalty for a criminal act, such as a crime where a mother kills her newborn child to avoid shame45. Blood relationships are considered to be a basic element of the crime of incest because the crime cannot take place without it, as far as it is stated in the aforesaid laws. If blood relationships are omitted, the criminal act would then be classed as a crime of adultery instead. The aim of criminalizing legislation goes beyond considering blood relationship as a component element of incest. It is to protect the provisions of the taboos arising out from the blood tie which means the protection of the legislative taboo that bans legal or illegal sexual relationship between persons of blood relationship. The expression of persons of blood relationship is absolute without any restriction which means that this protection includes all women ascendants of the man such as the mother and grandmother and his women descendants such as the daughter, granddaughter, sister, niece, nephew and the descendants of his grandfather and grandmother such as aunts on maternal side or aunts on paternal side or the aunt (on maternal or paternal side) of his ascendants. The taboo also applies to women relatives by affinity whether this taboo is permanent (married stepdaughter, wife of his ascendant, or wife of his descendant) or contemporary (sister of his wife or his sister in law)46. The act of incest wasn’t limited to aforesaid relatives as we noticed, as the law of Syria, the law of Jordan and the law effected in the Palestinian controlled territory added to that category the persons of trust (guardian, custodian) and persons with actual authority they exercise over those under their control and their orders and instructions are binding to them. This category is added to the previous one due to the authority and control it does have over others and the trust and obedience relationship which arises between both parties. This relationship allows the persons with authority to influence the life of their subjects such as the relationship of a school principal with students and the relationship of correction and rehabilitation centers’ officers with inmates. The question asked by (al-Thahabi) in his discussion was about the classification of the crime of sexual act between an employer and his woman servant; is it incest or adultery? He believes that it is adultery in accordance with the aforesaid text about the actual authority exercised by a person as the employer has domineering authority over the servant working at his home but not actual authority47. 2. Mental Element (criminal intent) 43 Articles (185-186) from the penal code in effect in the Gaza Strip. 44 Article No. (328) from the penal code in effect in the West Bank. 45 Article (331) of the penal code in effect in the West Bank. 46 Personal Affairs Law No. 61, 1976. 47 al-Thahabi, 1997, “Sexual Crimes”,(1997) edition. 2. pp. 29-33, documented in Amal and Isra, Masis & Dwekat and others, 2009, “Report on Family Violence on Palestinian Women”. 33

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