Under the statutes in some states, incest can only be committed with a female over the age of fourteen years, with consent of the parties;51 but under other statutes, consent of both of the parties is not necessary. Thus, where a statute provides that persons within certain degrees of relationship who shall intermarry with each other, or who shall commit fornication or adultery with each other, or who shall carnally know each other, shall be guilty of incest, consent of both of the parties is not essential.52 In other states incest may be committed where the act was accomplished by force, as in rape.53 And in some jurisdictions consent of the female is no defense to a charge of incest.54

51 State vs. Wentler, 76 Wis., 95;

People vs. Skutt, 96 Mich., 499;

People vs. Burwell, 106 Mich., 27; State vs. Eding, 141 Mo., 283; Noble vs. State, 22 Ohio St., 545.