Last Updated on September 23, 2024
If you watch Game of Thrones, you’re almost certainly already familiar with the incestuous relationship between Cersei and Jaime Lannister. While almost everyone will agree that a sister and brother maintaining a sexual relationship is more than a little gross, you might not know that it’s also illegal in California. Here’s what Jaime and Cersei should know if they were to move out of Westeros and into San Diego County.
Why is Incest Illegal?
Things can get complicated in life and sometimes people can’t help who they have relationships with. Even so, incest is illegal in the state of California not just because the public finds it creepy, but also because it can result in serious birth defects and because sociologists warn that it threatens family structures and the emotional well-being of children.
What is Considered an Incestuous Relationship?
To some extent, all people are related to one another, but incest occurs when that relationship is close enough to potentially cause biological issues in children born from that relationship. In California, that includes parents and children, sisters and brothers (including half-siblings), and nieces/nephews with their aunts/uncles. It’s worth noting that first cousins are not included under this law. Any sexual relationship or marriage between persons that fit those categories can be charged as incest. In the case of Cersei and Jaime, there really is no question that they are participating in incest.
What’s the Penalty for Incest in California?
When incest occurs between an adult and a minor, the minor is considered a victim, and the adult can also be charged with statutory rape. In cases like the Lannisters though, both parties are considered at fault, and both could face criminal charges. Depending on the specifics of the crime, a person could face between 16 months or 3 years imprisonment for incest.
Additionally, incest is a sex crime in California, and as such, anyone convicted of the crime will be required to register as a sex offender.
Defenses Against Incest Charges
There are some defenses for this crime. For example, if the couple did not know they were related until after the fact, it would not be their fault. Additionally, if there was no proof the couple was actually involved in sexual acts, the prosecution could not prove their guilt. If one of the parties did not consent to the sexual act, he or she could also use this as a defense.
Are the Lannisters Guilty of Incest?
Unfortunately for the Lannisters, the two willingly participated in a sexual relationship after being raised as brother and sister. While Jaime did rape Cersei at one point, most of their encounters were consensual. Additionally, the prosecution could prove that they were sexually involved by doing a DNA test on any of the couple’s children.
If you have any questions or want to schedule a free initial consultation with Peter M. Liss, please call (760) 643-4050 or (858) 486-3024.
