Girls below the age of 16 and boys below the age of 13 are deemed to be incapable of giving consent.
(The age of consent for sex in Malaysia is 16 for both sexes.) While it is unclear to which family members the incest law applies, a verdict from the High Court in Sabah and Sarawak in 2011 provided some indication about the sentencing guidelines.
sexual activity between family members or close relatives) vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties.
Besides legal prohibitions, at least some forms of incest are also socially taboo or frowned upon in most cultures around the world.
Incest laws may involve restrictions on marriage rights, which also vary between jurisdictions.
In Hong Kong, it is illegal to have sexual intercourse with certain close relatives, even if they are consenting adults.
First cousin marriages, once fairly common in some regions in the 19th century, are allowed on demand as all other marriages, while avunculate ones (those between uncles or aunts and nephews or nieces), the preferred by some Amazonian Amerindian tribes, and those between half-siblings, are allowed provided that those contracting it have a health check.
Marriages between parents and their children (both consanguineous and adoptive) or between siblings (both consanguineous and adoptive) are invalid, but, as stated above, non-rape sexual relationships between persons older than the age of consent are likely otherwise treated legally as all others, irrespectively of consanguinity (information over the possibility or validity of in such situations are nevertheless unclear or unexistent, but since those in these relationships are already consanguineous and thus inherently inside a legal family entity, the rights offered by such unions – recognizing a family entity between unrelated single persons – are most likely pointless, with the exceptional cases being only the remote possibility of people who were adopted contracting a relationship with a biological close family member).
More over the rule of kinship or marriage is governed by the different marriage laws.
In Malaysia, it is incest to have sexual intercourse with a person who under the law, religion, custom or usage that applies to the person he or she is not permitted to marry on account of their relationship.
The degree of relationships is calculated by counting the number of generations back to a common ancestor.