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Question
Posted by: Marley | 2010/02/15

Incest or Not?

I have been dating my girlfriend for almost 2 years. It later turns out that she is related via the step family. Effectively she is my grandfathers step-brothers daughter. But the link is as follows: my mothers, fathers, fathers, second wifes (he divorced and remarried), sons, daughter. In the eyes of the law, is there a problem with this? Your views would be appreciated. Thank you.

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Our expert says:
Expert ImageFamily law expert

Section 238(1) of the Criminal Procedure Act, 1977 provides that at criminal proceedings at which the accused is charged with incest it shall be sufficient to prove that the women or girl on whom and by whom the offence is alleged to have been committed is reputed to be the linear ascendant or descendant or the sister, stepmother or stepdaughter of the other party to the incest.

People related by marriage may not marry or have sexual intercourse, if they are related in the direct line, either ascending or descending. For example, a man may not marry his former daughter-in-law or mother-in-law, stepmother or stepdaughter.

A man may marry his dead or divorced wife's sister and a more remote female relation than the sister, for example, the sister's daughter or aunt. In the same way, a woman may marry her dead or divorced husband's brother or any other male related more remotely than the brother. A man may marry his brother's wife's sister and vice versa in the case of a woman.

A son may marry his father's stepdaughter or his father's mother-in-law and a man may marry his former son-in-law's widow (of a marriage after the termination of his marriage to the man's daughter) and vice versa in the case of a woman. In these last instances, marriage is allowed although they are related in the ascending or descending line, because more than one marriage intervenes between them.

You are safe.

Bertus Preller
www.divorceattorney.co.za

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

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Our users say:
Posted by: Family law expert | 2010/02/15

Section 238(1) of the Criminal Procedure Act, 1977 provides that at criminal proceedings at which the accused is charged with incest it shall be sufficient to prove that the women or girl on whom and by whom the offence is alleged to have been committed is reputed to be the linear ascendant or descendant or the sister, stepmother or stepdaughter of the other party to the incest.

People related by marriage may not marry or have sexual intercourse, if they are related in the direct line, either ascending or descending. For example, a man may not marry his former daughter-in-law or mother-in-law, stepmother or stepdaughter.

A man may marry his dead or divorced wife's sister and a more remote female relation than the sister, for example, the sister's daughter or aunt. In the same way, a woman may marry her dead or divorced husband's brother or any other male related more remotely than the brother. A man may marry his brother's wife's sister and vice versa in the case of a woman.

A son may marry his father's stepdaughter or his father's mother-in-law and a man may marry his former son-in-law's widow (of a marriage after the termination of his marriage to the man's daughter) and vice versa in the case of a woman. In these last instances, marriage is allowed although they are related in the ascending or descending line, because more than one marriage intervenes between them.

You are safe.

Bertus Preller
www.divorceattorney.co.za

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