A study of incest with special regard to the Swedish penal code.

Abstract

I. Definition of incest. A short historical review is presented of the penalties in Sweden up to the present valid incest paragraph. Criminal statistics from Western countries give only a small fraction of actually occurring cases of incest. An attempt at a crude estimate of the actual number is made.II‐III. Reports of “representative” incest series are lacking. Forensic psychiatric investigations seem to give the best available picture of the social structure, criminality and dynamics of incest occurring in the “nuclear” family, i.e. in father‐daughter and brother‐sister relations. Two such series of consecutive cases of Swedish citizens, covering the periods 1934–1955 and 1965–1974, have been studied. Some of the results are briefly given. The male partners in these series have been followed up to 1970 and 1975 respectively. Despite an original average bad social standard in these families, it is important to warn against the oversimplification of regarding social factors in general as the cause of breaking through the incest barrier. The change in Swedish society regarding sanctions against and treatment of these cases over a period covering the last 40 years is described.IV. The risk of recessive disorders in incest offspring of first degree is four times as high as in first cousin offspring. The forensic series from 1934–1955, reported in part II, had about 60 incest pregnancies. Half of these ended fatally, including two infanticides. The tremendous social pressure on these pregnant women is evident. The result of all unsuccessful trials for illegal abortion may be imagined. Series of incest children are not suitable for studying the genetic effect of inbreeding.V. There has been a strong universal barrier against incest in the nuclear family throughout the history of mankind, even in socalled primitive societies without knowledge of the connection between coitus and pregnancy. Penalties do not seem to be the cause, as the taboo exists even in societies without any official penalties. The cause seems to be of deep psychological nature, best understood from a psychoanalytical point of view. Some recent investigations support this hypothesis.The present Swedish law regarding incest is applicable to adults only. Reasons are given to follow the French Penal Code, which has no regulations regarding these extremely few cases. For sexual relations with minors in the state of dependence on an adult, regardless of kinship, the Penal Code has more severe penalties. To avoid harmful legal proceedings as far as possible for minors, actions from child welfare and social authorities should be tried first.