The caller had questions about first cousins “being together.” Turns out while incest is a Class C felony and defined as marriage or sex between an immediate family member (mother/son, sister/brother) or any half-relation such as half-brother. Beyond that, the law is up for interpretation.
The Oregon Revised Statute describes the above as incest, but also “a person whom the person knows to be related to the person ... as an ancestor, descendant.” It is the “ancestor, descendant” section that is ill-defined within the law. The deputy advised the caller that the couple is in the clear as long as they are second cousins or more distant. Anything closer could be referred to the district attorney’s office for interpretation.
It would be a waste for the sheriff or the district attorney or any court to spend resources punishing people for consensual sex, regardless of their relation. Not only should people be free to have such relationships, but they should have the freedom to marry as well. First cousins can marry in some states. Why would Oregon prosecute them for having sex?
A candidate for Kansas Governor has proposed having a person whose job it is to find bad or outdated laws to repeal. Oregon and every other state should have one of those, and one of the things they should do is propose the repealing of any law designed to punish consensual sex. It doesn’t matter if they are the same sex. It doesn’t matter if they are sisters. It doesn’t matter if they are three sisters and a male friend. It should not be something for the law to stop.
I hope the caller wasn't calling from their own number.
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