Incest Defense Attorney

Since 2014, the crime of incest has been renamed Crime Against Nature. At its most basic level, this offense is defined as sexual relations or marriage between close relatives, such as parents and children, brothers and sisters, uncles/aunts and nieces/nephews, or grandchildren and grandparents.

The historic justification for outlawing incest is the need to avoid inbreeding, or reproduction between people who share a close genetic background. Inbreeding can lead to severe genetic disorders in children born to these unions. Inbred children are at great risk for developmental and physical disabilities — even death.

However, incest laws extend beyond blood relations. There are restrictions on sex and marriage between adoptive relations or relations as a result of marriage such as stepparents and stepchildren. It is important to note that charges of incest between adults are relatively rare these days. Incest cases generally involve sexual activity between adults and children.

The penalty for a violation of Crimes Against Nature is imprisoned at hard labor for not more than 15 years where the crime is between an ascendant and descendant, or between brother and sister. Alternatively, when the crime is between uncle and niece, or aunt and nephew, the penalty is imprisoned, with or without hard labor, for not more than 5 years.

Louisiana also has the law called Aggravated Incest which is defined as “the engaging in any (sexual act) with a person who is under 18 years of age and who is known to the offender as any of the biological, step, or adoptive relatives: child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew, or niece.” A person convicted of aggravated incest faces a fine of up to $50,000 and/or prison time of between 5 and 20 years. The penalties are harsher if the victim is 13 or younger.

Defending Crimes Against Nature Louisiana

Common legal defenses against incest or aggravated incest accusations include:

  • Proving that you were a minor when the activity took place
  • Failing to know that you were related to the other person
  • False accusations.

If you or a loved one is facing incest charges, an experienced attorney can work on your behalf toward some satisfactory outcome. This could include the dismissal or reduction of charges or a lighter sentence following conviction.

Contact: Louisiana Criminal Defense Attorney

The consequences of a conviction on Crimes Against Nature charges or any other sexual crime are severe and long lasting. If you or a loved one have been accused of a sexual offense, don’t face it alone. Contact New Orleans attorney Elizabeth B. Carpenter by calling (504) 599-5955 to schedule a consultation with a skilled and experienced defense attorney.