Under Lucius (underlucius) wrote in in_english,
Under Lucius

Consanguinity & Age of Consent

rosie_red73 asked me to cross post this here, and I've added a section of Age of Consent too, as a lot of people don't take that into consideration when writing fic - they rarely take into consideration that any buggery the marauders did was very illegal, and that for legal Snarry to take place, Harry would need to be 18, NOT 16, as Snape is an "authority figure"

So I thought some of you might like to see England and Wales (not sure about Scotland - they don't have the same laws as here) Consanguinity Laws:  Some of them are very surprising to me. A woman cannot marry her husband's father for example...

Consanguinity is basically "how close are you related?". Laws to prevent consanguinity (in other words, "don't marry your sister"), have been passed down from ancient times. The Marriage Act 1949 as amended by the Marriage (Enabling) Act 1960 establishes this list:

generally, uncles may not marry nieces, nor aunts their nephews

first cousins may wed and a woman may marry her husband's brother, uncle or nephew if her marriage has ended by death or divorce.

Many Americans may be surprised to hear that first cousins may marry, because it is forbidden in many American states, as well as other parts of the world. The Marriage Act of 1986 (Prohibited Degrees of Relationship) makes further provision for the marriage of persons related by infinity (or marriage). The reason for these prohibitions is, firstly, public policy, and secondly, the genetic risk.

Here is the list as it appeared in a Church of England Book of Common Prayer:

A Man may not marry his:
Father's mother
Mother's mother
Son's daughter
Daughter's daughter
Father's daughter
Mother's daughter
Wife's mother
Wife's daughter
Father's wife
Son's wife
Father's father's wife
Mother's father's wife
Wife's father's mother
Wife's mother's mother
Wife's son's daughter
Wife's daughter's daughter
Son's son's wife
Daughter's son's wife
Father's sister
Mother's sister
Brother's daughter
Sister's daughter

A Woman may not marry her:
Father's father
Mother's father
Son's son
Daughter's son
Father's son
Mother's son
Husband's father
Husband's son
Mother's husband
Daughter's husband
Father's mother's husband
Mother's mother's husband
Husband's father's father
Husband's mother's father
Husband's son's son
Husband's daughter's son
Son's daughter's husband
Daughter's daughter's husband
Father's brother
Mother's brother
Brother's son
Sister's son

Useful table of Consent Ages HERE

July 1967
The Sexual Offences Act comes into force in England and Wales, decriminalising homosexual acts between two men over 21 and in private.

Male homosexuality decriminalised in Scotland.

Male homosexuality is decriminalised in Northern Ireland.

I know that a lot of people cop out and say "Oh well, but the wizarding world doesn't follow Muggle Laws" but I'm sure they would for these matters, Harry might be an adult wizard at 17, but he wouldn't be able to vote until he was 18.

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