INCEST: Murder of the Soul: Chapter Five
the interest of the girl being considered accomplice to the crime, resulting in continued
silence and submission.
The second factor which enables the perpetrator of the act of incest to escape punishment
is the fact that the rules pertaining to the act of incest are void of provisions to pursue
anyone who is an accomplice, abettor or accessory in the crime of incest. The law does
impose punishment on such people for the crime of adultery, even when in reality the
crime committed was the crime of incest, or adultery of people with blood ties71.
Complicity is participation of more than one person committing the same crime, and it
is substantiated once it combines actus reus and mens rea. Actus reus means “criminal
physical element” while mens rea means “the intent of the accomplices in the crime”
which means that each one of them has knowledge of the criminal act and embarks on a
course of conduct to bring about a result which in fact occurs72. Jordan’s Penal Code No. 16
of 1960, in effect in the West Bank, distinguishes between the accomplice and accessory,
naming the participant as the principal to a crime, an accomplice having a major role in
commission of a crime, and the accessory having a minor role in the commission of the
crime. There is also the abettor, who encourages another person to commit the crime by
giving him money or a gift, or by influencing him through threat, machination, money or
malfeasance, and this is a separate category. The failure of the law provisions pertaining
to the pursuit of the accomplice, abettor or accessory in the crime of incest is a legal flaw,
identifying with the patriarchal system’s way of addressing the crime of incest instead of
considering complicity in a crime of incest as in a crime of adultery.
71 Article (284) of the penal code in force in the West Bank
72
Abdelmalik 1939, Criminal Encyclopedia, part one. Subscription. Beirut: Dar al-Elim for All”, p. 685.
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