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Cory

Can my cousin be arrested for incest in the state of Illinois

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Cory    0

So in the past few months my cousin and I have started having feelings for each other and when her ex found out he had claimed that she could be arrested for incest that she could do up to ten years and could have her kids taken away. Is this true just looking for some kind of help. 

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Dragan    0

It might be illegal. Check the law.

 

If it is illegal, realize that you break the law every day of your life. It is not possible to live in a society without breaking the law. So the questions you need to ask yourself when you break the law are: 1. What is the benefit to me of breaking the law? 2. What are the risk and hazard associated with breaking the law? 3. Do the benefits of breaking the law outweigh the risk and potential drawbacks?

 

No one can answer these questions for you but you.

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Hawk    29

Cory,

 First, I'll reiterate what Nat said about us not being lawyers, and not giving legal advice. BUT, that said, here's the skinny in Illinois. Illinois has quietly stopped prosecuting cases of incest between consenting adults. I've not heard of a case going forward here in the last three or four years. Probably longer. Even with that, cousins were never on the list to begin with, other than, IIRC, an older cousin who was effectively in a supervisory/trusted guardian type role to a minor cousin. THAT, could possibly still get one in quite the bind. However, that does not seem to be the case here. Another word of advice for you would be to be sure you are never alone with these children of hers, if she has such an uninformed ex. Whenever he IS informed that it ISN'T criminal incest here in Illinois for two cousins to have whatever relationship they choose, short of marriage, he could try to accuse you of something out of spite. Do not put yourself in a situation where there would be any question as to whether such a thing even remotely could have occurred. Now, to the "short of marriage" part. Here in Illinois, as mentioned, cousins are NOT, and, (with the possible noted exception above, I'd have to go back and look at the exact verbiage) have NEVER been on the list considered to be criminal incest. But, here in Illinois, first cousins cannot marry, and, at least for now, until such clauses are struck down somewhere, anywhere, they cannot "skirt" by going elsewhere to marry, and then returning to Illinois. Illinois will still not recognize the marriage. So, basically, the ex can stir considerable puddin', but, without concrete evidence of some sort of neglect or abuse, the kids aren't going anywhere, and nobody is going to jail..... 

 That is not to say her ex isn't a big enough asshat to stir the puddin' to where you would have to have an attorney send him a "cut the crap" letter, spelling all of this out, and possible legal ramifications if he does not. It also does not guarantee that any State's Attorney or judge you may encounter would not have similar biases as her ex. However, when the rubber comes down to the road on the exact law of the matter, you'll NOT be going to jail for incest in the State of Illinois, and without some sort of evidence of neglect or abuse, the kids aren't going anywhere. Also, given the mess this State is in, I would think they have much bigger fish to fry than you....LOL 

 

 Grab a cold drink, and read through a little "dryness" here... I'll copy/pasta the statute for you.....

 

Illinois

 (750 ILCS 5/212) (from Ch. 40, par. 212)
    Sec. 212. Prohibited Marriages.
    (a) The following marriages are prohibited:
        (1) a marriage entered into prior to the dissolution of an earlier marriage, civil union, or substantially similar legal relationship of one of the parties, unless the parties to the marriage are the same as the parties to a civil union and are seeking to convert their civil union to a marriage pursuant to Section 65 of the Illinois Religious Freedom Protection and Civil Union Act;
        (2) a marriage between an ancestor and a descendant or between siblings, whether the relationship is by the half or the whole blood or by adoption;
        (3) a marriage between an uncle and a niece, between an uncle and a nephew, between an aunt and a nephew, or between an aunt and a niece, whether the relationship is by the half or the whole blood;
        (4) a marriage between cousins of the first degree; however, a marriage between first cousins is not prohibited if:
            (i) both parties are 50 years of age or older; or
            (ii) either party, at the time of application for a marriage license, presents for filing with the county clerk of the county in which the marriage is to be solemnized, a certificate signed by a licensed physician stating that the party to the proposed marriage is permanently and irreversibly sterile;

(I had forgot this part of Illinois's statute, allowing exceptions for first cousins. Hawk)

 Incest:
 (720 ILCS 5/11-11) (from Ch. 38, par. 11-11)
    Sec. 11-11. Sexual Relations Within Families.
    (a) A person commits sexual relations within families if he or she:
        (1) Commits an act of sexual penetration as defined in Section 11-0.1 of this Code; and
        (2) The person knows that he or she is related to the other person as follows:
           (i) Brother or sister, either of the whole blood or the half blood; or
           (ii) Father or mother, when the child, regardless of legitimacy and regardless of whether the child was of the whole blood or half-blood or was adopted, was 18 years of age or over when the act was committed; or
           (iii) Stepfather or stepmother, when the stepchild was 18 years of age or over when the act was committed; or
           (iv) Aunt or uncle, when the niece or nephew was 18 years of age or over when the act was committed; or
           (v) Great-aunt or great-uncle, when the grand-niece or grand-nephew was 18 years of age or over when the act was committed; or            (vi) Grandparent or step-grandparent, when the grandchild or step-grandchild was 18 years of age or over when the act was committed.
    (b) Sentence. Sexual relations within families is a Class 3 felony.
(Source: P.A. 96-233, eff. 1-1-10; 96-1551, eff. 7-1-11.)

 

 IIRC, the other part about the "supervisory" role thing is in the actual "Sexual Crimes" section of the statute, and has enhanced penalties or spells out aggravating circumstances for such trusted parties, including family members, clergy, teachers, and so on.

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Cory    0

The only thing now is that her ex is trying to get custody of the kids because of it. The thing is right now im in NY and she is the one in Illinois. As long as the judge doesn't give her any problems about it I will be moving there with her

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Hawk    29

Cory,

 If she's going to be talking to a judge, then I'll assume she has a lawyer. If not, I'd advise that she get one. If she does have one, I would assume it would possibly be the one who did the divorce, or, arranged the custody and visitation to begin with. Either way, feel free to copy my reply, send it to her, and let her show it to her lawyer. He (or she) can go in to court, and say "Your Honor, this is much ado about nothing, at least LEGALLY. If they choose to have a relationship, there is NO difference LEGALLY than any other random person, OTHER THAN, at least for now, they cannot marry here. What we have here is sour grapes fueled by long held misconceptions, and if it would please the court, I can provide ample evidence to that end. The petitioner is wasting the time of the court, because there is no evidence whatsoever of any sort of neglect or abuse. Nor shall there be. That being the case, we would ask the court to NOT make any changes to the previous arrangement." Or, some such thing. Again, I'm NOT going to play lawyer, but it really isn't that difficult to make the case, going strictly by the law.

 I would also add, that any attorney willing to take his money to go to court without evidence of neglect or abuse is doing so only to humor him, and take his money. Let them. Sometimes the best lessons learned are those learned the hard way, when the facts are different than the perception. If his attorney is worth their salt, they will chuckle at him, tell him it isn't going to fly, and he should go home, shut up, and get over it. If they do anything other than that, they're milking him. Of course, she gets milked too, but, IMHO, it would be money well spent.......;)

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Hawk    29

Cory,

 Then he's blowing out his piehole, and she needs to call him on it. Tell him to lawyer up, or shut up. If I were her, I would say "You haven't actually read the statute have you?" He obviously hasn't, or, he has minimal comprehension skills. If he says "Yes I have." Then she can say "Well, you didn't get it, and you had best have another look before you start wasting money." Hey, give him a copy! If he still insists, just tell him to lawyer up, because she's going to get one, and make him and his lawyer look like fools. In fact, I HAVE used that line before when I was threatened with the ex getting a lawyer and being pissy. My reply was "You get a lawyer, and I'll make you and him BOTH look like idiots." (She knew that would happen. She'd seen me do it before. :D) The reply? "What do you want?" So, I got what I wanted, and I didn't have to get a lawyer. And, I must say, I was still more than fair to her, and still asked for less than what the judge would have given me. I just lessened my pain, and, her attitude cost her several thousand that I WAS going to pay that I didn't have to. Like I said before, sometimes the best lessons learned are learned the hard way.....

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Cory    0

He's also trying to get her phone records so he can see mine and her messages. Can they actually do that?

Edited by Cory

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Hawk    29

Cory,

 No, at least not legally without a judge ordering it. UNLESS, the phone is either in his name, or, on his account. Then, yes. But, to what avail? If he does, and goes to court, it makes him look like a creeper. If he does it illegally somehow, he's screwed. If it is his account, and he goes through the trouble, it makes hm look bad. It's sour grapes my friend. Let him hang himself. DO NOT play into his drama.

 If it was me, here's what I would do. I would copy the statute. I would give it to him. I would tell him "Have a good long look at this. Read it SEVERAL times till it sinks in. You are working yourself up over preconceived notions and old wives' tales. TO THE DETRIMENT OF THE KIDS. You need to stop it now. If you don't want to, and can't get over yourself, then do what you think you can LEGALLY, and WITHOUT all this BS and sour grapes. We'll gladly let the judge tell you to cut the crap, and then when you don't, we'll let him know you aren't, and HE can tune you up. We're just trying to save you a lot of wasted time and money. But, if you insist, be our guest. We're asking you nicely, and only for the sake of the kids. Your opinion of us is not our business. Your poisoning the kids minds (if he's actually dragging the kids into it, mind you) IS our concern. And, our ONLY concern. So, here it is, and, again, we're asking nicely....."  

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