The lawyer for the Columbia University professor charged with incest with his own daughter is questioning why the relationship is illegal.
David Epstein is accused of having a -- by all accounts -- consensual relationship with his 24-year-old daughter between 2006 and 2009.
But his attorney, Matthew Galluzzo, suggested that perhaps this type of relationship should not become a legal matter.
"It's okay for homosexuals to do whatever they want in their own home. How is this so different?" he told ABCNews.com. "We have to figure out why some behavior is tolerated and some is not."
In an interview with The Huffington Post, Galluzzo added, "What goes on between consenting adults in private should not be legislated. That is not the proper domain of our law. If we assume for a moment that both parties [involved in incest] are consenting, then why are we prosecuting this?"
However, he did concede, "Academically, we are obviously all morally opposed to incest and rightfully so."
Galluzzo takes issue with the perception that the daughter is a victim, saying she could "best be described as an accomplice."