Anal sex between mother and son
Is incest forbidden in the family?
The topic of “sex acts among family members” is taboo for many, but common practice in some cultures. This stimulates controversial discussions. But what does the law say? For example, is anal sex between mother and son forbidden, tolerated, or even allowed by law? This is where the concepts of incest and inbreeding in the family come into play. Other factors play a role in this context.
Definition of incest and inbreeding
Incest refers to cohabitation between first-degree family members related by blood. This is regulated via Section 173 of the Criminal Code (coitus between relatives) under Section 12. Accordingly, incest in the family is prohibited and constitutes a criminal offense against the family. What must be taken into account here is the importance of coitus, which is limited purely to vaginal intercourse.
Family inbreeding is about the reproduction of two first-degree family members. In this case, pregnancy results from sexual intercourse between close, biological relatives. The reason for the legal ban is based on two grounds: Inbreeding has an increased risk of health damage to the resulting children and the basic avoidance of sexual relations between close family members. Because inbreeding in the family usually implies prohibited vaginal intercourse, the penalty is within the same range.
What is unpleasant for politicians is raising questions in society and among legal experts as to whether these regulations are still in line with the times. On average, there are ten prosecutions per year by the courts throughout Germany due to suspected incest or inbreeding in the family.
Prosecution on suspicion of incest
Incest in the family – allowed or forbidden? That’s what the law says!
Suspicion of incest is already sufficient for prosecution. Once evidence of vaginal sex with a direct descendant is proven, those involved face a substantial fine or imprisonment of up to three years. Incest between siblings over the age of 18 is punishable by a fine or imprisonment for up to two years.
Furthermore, it depends on the age of the parties involved in the incest. In principle, children over the age of 14 are given the right of sexual self-determination by law. This means that from this age they are free to decide whether to have sexual intercourse and with whom. However, in “normal” sex life, parents can forbid this, especially if it is an adult partner. In the case of incest between a parent and a minor child over the age of 14, their consent is usually unnecessary. Unlike in normal criminal law, minor children are also considered to be of criminal age after the age of 14 in cases of incest and inbreeding. They are not at risk of prosecution until they reach the age of 18. Sex acts with children under the age of 14 are prohibited by law in all cases.
Anal sex between mother and son
As described above, inbreeding and incest are forbidden in the family. However, this requires vaginal intercourse. However, Section 173 of the Criminal Code (sex between relatives) does not deal with other forms of sexual acts with close first-degree family members. Accordingly, oral and anal intercourse as well as petting are permitted. Anal sex between mother and son are therefore not part of a crime.
The basic requirement is always that the sexual acts are consensual and that the son is at least 14 years old. Here, however, it depends on whether the son actually acted of his own free will within the scope of his self-determination. For example, if he does not have age-appropriate mental maturity or has been “persuaded” by receiving consideration for his sexual consent, legal action can still be taken against the mother. In the case of anal sex between mother and son, the safe side is always the unrestricted legal capacity when the son reaches the age of majority.
When the father with the daughter…
As in the case of anal sex between mother and son, it is the same with anal sex between father and daughter. If both fall under the right to self-determination by law, the law does not give a prohibition against anal sex between father and daughter. However, the risk of being suspected of incest is significantly higher. Although sexual abuse can also occur with women or mothers towards their children, the father is usually the actor who can perform vaginal intercourse without stimulating the daughter’s genitals because of his penis. Of course, fathers are not in principle to be placed under general suspicion of child abuse, but this factor must nevertheless be taken into account.
In addition, during anal sex between a father and daughter, slipping or accidentally penetrating the daughter’s vagina in the heat of sexual desire can also lead to penetration. The law does not ask about the intent, duration, or depth of the intrusion. It is enough for a criminal offense if the penis enters the vagina only one centimeter for second. And as a father with a penis, he bears the responsibility.
If the same “accident” happens during anal sex between mother and son, the situation is different, at least for underage sons. While they share responsibility for ensuring that this does not happen, they are not liable to prosecution if it does. Although the mother as an adult bears the main responsibility in the case, courts here often have a different perspective on these facts – provided that she cannot be proven to have guided the penis.
Read also:
– Incest: Brother and sister fuck like rabbits
– Incest grandpa: grandfather shows granddaughter his carrot
– Incest sex story: Horny fuck with my grandma
– Incest confession: My brother uses me as a fuck doll
– Sex story: When the mother commits incest with the son
– Incest story: The horny son and his mother
In summary, anal sex between mother and son and father and daughter is legal. But care should be taken to absolutely avoid vaginal sex, or the short-term penetration of the penis into the vagina. Care must also be taken to prevent ejaculate from entering the vagina and causing pregnancy (inbreeding).
Anal sex between siblings
Sexual acts between siblings also fall under incest and inbreeding in the family. Anal sex does not meet the legal criteria for a criminal offense any more than oral sex or petting. Similar to anal sex between mother and son as well as father and daughter, it depends on liability, age for self-determination as well as consensual act. Any type of sex including anal sex with a sister or brother is prohibited for those under 14. Over 14-year-olds are allowed self-determined sexual activity, provided vaginal intercourse does not occur between siblings.
For this reason, it is also true for anal sex between sister and brother to be fastidious about avoiding penis and ejaculate penetration. If a pregnancy results from it nevertheless, it acts likewise here around an inbreeding and thus the proof of punishable incest actions.
What the legislature does not consider in its jurisdiction are sexual acts between same-sex siblings. Although these also fall under the age-restricted right of self-determination from the age of 14, they otherwise find no mention in the Criminal Code. Like straight anal sex between sister and brother, same-sex sex cannot lead to inbreeding through pregnancy.
The German Ethics Council for incest legalization
For years, the public has debated the decriminalization of family inbreeding. The Federal Court of Justice has also already dealt with this issue and ruled against lifting the ban in 2008. In 2011, the European Court of Human Rights upheld the ruling. The latter saw no violation of the European Convention on Human Rights by Section 173 of the Criminal Code.
Now the German Ethics Council has argued for a softening of the incest ban. This makes anal sex between mother and son, father and daughter, and anal sex with sister or brother less risky to practice. Above all, the Ethics Council justifies its position by saying that it is not the state’s task to dictate moral standards to responsible citizens and to control sexual attractions between them.
The focus of this debate on the softening of the incest ban is primarily on sexual intercourse between adult siblings. Although anal sex with a sister or brother is exempt from punishment, the law restricts them in their own choices of sexual relations. Free sexual development is currently subject to state repression. Not to be forgotten is the increasing openness of society due to the changing times. The state, on the other hand, ensures that incest in the family remains a taboo subject.
In addition, from the point of view of the German Ethics Council as well as some jurists, the entire incest jurisprudence does not fit together. One major policy rationale relates to an increased risk of heritable diseases in inbred children. However, statistics show only minimally higher numbers here than for children of non-blood relatives. For the protection of warded children and against sexual harassment within the closest family are further political reasons for the incest prohibition. In return, however, anal intercourse with a sister or brother, anal sex between mother and son, and father and daughter are exempt from punishment. Sex between same-sex first-degree family members as well.
In other EU countries such as France, Spain, Belgium, Holland, Luxembourg and Portugal, the criminalization of consensual incest has long been a thing of the past. That is why the German Ethics Council is still calling for at least a softening of the ban on incest in Germany as well. Then hopefully it doesn’t have to remain anal sex between mother and son, father and daughter, and between siblings.
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