Trouble in Paradise

Posted By Adam Bleile || 19-Sep-2016

A newly married couple is quickly learning marriage may not be all it is cracked up to be. In this case, the couple has been accused of incest. The two were married earlier this year and were recently arrested. Each is now being held on a $10,000.00 bond.

Apparently, the two are mother and daughter. According to the local jurisdiction, incest exists between a married couple when they are closely related regardless of whether or not sexual intercourse exists in the relationship. The alleged incest was discovered during a child services investigation when the mother admitted she lost custody of her children, but had been recently reunited. The couple eloped, believing nothing was amiss, since the mother is not listed on the daughter’s birth certificate. However, they now find themselves in this current predicament.

This story raises a few intriguing questions. Namely, should the state have a right to arrest two consenting adults who are happily married? The issue of same sex marriage has become a hot button issue in recent times with the Supreme Court ruling that same sex marriage is protected under the 14th Amendment. The Supreme Court has stated, “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were…marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”

It could be argued the couple in the current case is also protected under the Supreme Court’s opinion regarding the 14th Amendment. According to the Court’s opinion, the cornerstone of any marriage is a love that may endure even past death. If the couple in the situation described above has that love, then why should the law of individual states attempt to create a roadblock?

Regardless of your political opinions on the matter, the attorneys at Bleile & Dawson are concerned with protecting the rights of individuals. It appears the couple above has not yet sought the aid of legal counsel. Laws in each state vary widely on potential punishments, with some states having a maximum sentence of up to 12 years in prison for incest, as well as the possibility of sex offender registration. In a situation like this when complex legal arguments are required and your voice must be heard, your defense counsel is your greatest ally.

The attorney’s at Bleile & Dawson are extremely knowledgeable in criminal law, especially when it comes to defending our clients against wrongful accusations, whether in the State of Ohio or the Commonwealth of Kentucky. If you feel that you have wrongly been accused of a crime and seek to find the best possible representation to fight for you, hire a law firm that puts the client first and fights hard to protect the client. Contact us today for a completely confidential consultation at 513-399-5945.

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