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Abstract: 

Unfortunately, there are still cases of family violence where the law is unequally applied if the perpetrators are family members. In this instance, prosecutors decided not to pursue a case of incest even in the light of overwhelming evidence because incest cases were politically unpopular. In violation of the equal protection clause, law enforcement failed to act because the victim was a member of a disfavored class. Since this article originally appeared, the Eighth Circuit of Appeals has affirmed the district court’s ruling against the incest victim, and the Supreme Court has declined to review the case. However, the author believes that his arguments will prevail in the future.

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