Incest and Intrafamilial Child Abuse: Fatal Attractions or Forced and Dangerous Liaisons?

Journal of Family Law, vol. 29, pp. 833-878 (1990-1)

46 Pages Posted: 13 Jun 2015

See all articles by George P. Smith

George P. Smith

Catholic University of America (CUA) - Columbus School of Law

Date Written: 1991

Abstract

Intrafamilial child abuse is, today -- as it has been for quite some time -- a vexing issue in contemporary society. Indeed, the continuance of incest and child abuse presages the imperilment, if not the collapse, of the bulwark of the social order: the family. This Article examines the cross cultural vectors of force and the psychopathologies of incest as child abuse. The conclusions reached are that: consanguineous marriages between lineals, especially in the three dyads of father-daughter, mother-son, and full siblings must continue to be condemned, disallowed and punished; evidentiary proofs should be loosened in order to allow recovery in damages for this offense; the legal process needs a stronger working partnership with mental health professionals whereby greater latitude is given to health professionals in the investigatory and therapeutic phases of cases of intrafamilial abuse; safeguarding and advocating the best interests of the abuse child should remain central to the legal process; and sexual abuse treatment centers need to be strengthened.

Suggested Citation

Smith, George P., Incest and Intrafamilial Child Abuse: Fatal Attractions or Forced and Dangerous Liaisons? (1991). Journal of Family Law, vol. 29, pp. 833-878 (1990-1), Available at SSRN: https://ssrn.com/abstract=2617405

George P. Smith (Contact Author)

Catholic University of America (CUA) - Columbus School of Law ( email )

3600 John McCormack Rd., NE
Washington, DC 20064
United States

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