Incest is not illegal in Spain

Posted by Thomas MallonDec 05, 20150 Comments

As unfathomable as it sound here, incest is not illegal is not illegal in Spain, nor is it illegal in many other countries around the world.  What makes it particularly bizarre in Spain is that there is a current case is Spain, in which a 36 year old man and his 18 year old wife are fighting social services to get their child back.

What makes this case particularly disturbing is that the 36 year old man (which in itself, many would find troubling), had a child with his own daughter and now wife.

The couple had their child taken away by social services, but because incest is not illegal in Spain, social services argument that the baby is not in a safe environment is at odds with Spain's law on incest.

The local authorities have said that they refused to allow the couple to take the baby home from the hospital where she was born because of fears for the child's well being.

“If there is no risk to the child, the relationship between the parents is irrelevant. Incest is not a crime in Spain and is not considered a cause of danger or risk towards the child”, a spokesperson for the IMAS Mallorca social services department said. She explained that an accusation of sexual abuse had been aimed at the father by his ex-wife, the mother of 18-year-old Sara and four younger children she had with Cris.

Age of consent, in Spain, is 16, unlike here in Maryland, which is 18.  The daughter / wife in Spain was 17 when she became pregnant with her father's child and therefore past the age of sexual consent.  It is, however a crime when an adult “uses deceit or abuse of a recognized position of trust, authority or influence” to have sex with someone who is not yet 18.

Having a daughter of my own, this whole story seems completely disturbing anyway you look at it.