RAW DOGMA written by Nkrumah Steward
|Judge says Under Kentucky Law A man having sex with niece isn't incest
|I hate stereotypes as much as the next guy but I think it should be duly noted that stereotypes don’t come from thin air and those that persists over time do so because there are enough people out there that meet the profile to keep them perpetuated. Incest is one of those laws that shouldn’t even be in the books. Not that it should be legal, it just shouldn’t be something that is even committed. No one should have to tell you to not fuck your sister. That shouldn’t be part of the socialization program. I shouldn’t have to teach my kid how to say “Thank you”, “Please”, “Your welcome”, to “play nice” and don't feel your sister up.
With what the judge called ''a little bit of disbelief,'' Judge Stephen P. Ryan dropped incest charges against a 23-year-old Louisville man who had sex with his 16-year-old niece, citing that Kentucky's incest law didn't cover that relationship.
Somehow I am not surprised.
The state law says someone is guilty of incest when he or she has sex with someone known to be an "ancestor, descendant, brother or sister." Which you would think covers just about everybody. However ancestor and descendant are undefined. A room full of law school graduates and no one knows the fucking definition of ancestor or descendant? Maybe if you don’t know what the definition of ancestor or descendant is you need to have your law license placed under suspicion.'
'It is the opinion of this court that the incest statute does not cover the relationship that is involved here,'' Judge Stephen P. Ryan said in brief remarks from the bench. With those words all charges were dismissed against Tony Gene Wilson, who could have faced up to 20 years in prison if he had been convicted of two counts of incest.
Ryan noted in his ruling that ''ancestor'' and ''descendant'' -- as defined in Black's Law Dictionary -- refer to lineal blood relationships. Descendants are ''persons who proceed from a body of another, such as a child or grandchild, to the remotest degree.'' 'These terms do not include collateral relationships such as uncle to niece,'' Ryan wrote.
And with those words niece-fuckers all over Kentucky rejoiced in unison.
--Uh, not so fast Lothario.
Kentucky law prohibits marriage between two people ''nearer of kin to each other . . . than second cousins'' -- and that includes uncles and nieces. As defined under the law, such marriages are ''incestuous and void.''
According to court records, the niece, who is now 17, told police the day she had sex with her uncle that her uncle forced her to have sex with him. However, as described in court records, Tony Gene Wilson denied using force and told police that the sex was consensual. Of course he would say that. It doesn’t excuse him from being a nasty fucker but it does get him out of prison. It worked for Chumura.
While there have been cases in the past in which uncles were accused of having sexual intercourse with their nieces, those cases involved girls under the age of 16 -- the age of consent in Kentucky -- and thus, the uncles were charged with statutory rape. Because the alleged victim in this case was 16 at the time of the alleged act, the state law on statutory rape didn't apply.