Australia: Court takes up question of dad/daughter incest after baby dies
A father and daughter couple who are parents to a baby girl had another child who died from a congenital heart disease just days after she was born, according to explosive court documents . . .
Judge Millsteed said the pair had said they accepted their relationship must end, but hoped they would able to continue supporting one another and their children.
While he acknowledged the case was “atypical”, he said the physical affair must end.
“This is not a case where a father has violated his daughter and used his position of authority to take advantage of her powerlessness. Rather, this is a case of a mutually consensual union, formed by adults, who had previously had little contact,” he said.
“However, the offence of incest exists not merely to protect children from sexual abuse.
“In my view, other relevant factors include the need to prevent the high risk of congenital defects of children born of incestuous relationships and to prevent children who are brought up in a family unit founded on an incestuous relationship suffering psychological harm and social stigmatisation. Those factors assume significance in this case.”
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