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.