Should adultery be illegal?

[MRC_Hans]

Funny, only Americans and Moslems will even consider making infidelety a criminal offence. Go figure.

Hans

 

[MRC_Hans]

Some civilised countries do have laws that make adultery illegal. In the US, for instance, 24 States have laws against adultery (and ten have laws against premarital sex). The most recent prosecution was in August this year in Virginia, so some people are still willing to use them.

Civilized? Mmmm....

Hans

 

[Matabiri]

I agree that no state has any business in anyone's bedroom.

That's pretty vague ... the state, even in a libertarian state, has the power to enforce contracts. By long common law and practice and statue, adultery is the breaking of the marriage contract, and grounds for divorce. That is the proper state involvement.

I'd say remove "marriage" from the State's control. Instigate some sort of "partnership" contract, to carry over the next-of-kin rights etc., but those could be between any two people; no sex required. Marriage and all it personally and spiritually entails is then in the hands of the church/whomever you want to marry you.

 

[BPSCG]

Funny, only Americans and Moslems will even consider making infidelety a criminal offence. Go figure.

Hans

I believe Eos is Canadian. Only a German would have trouble with that distinction.

Seriously, there are a couple of problems with the initial premise. Lawyers, straighten me out where I stray:

1) Violation of a public responsibility is a crime. Violation of a private (i.e. contractual) responsibility is a tort. They are two different things.

2) Whether marriage qualifies as a contract under the law is, I believe, still open for debate. If it were, no questions asked, then same-sex marriages in the U.S. would unquestionably be legal throughout the country the minute one state recognized them; that's because our Constitution provides for protection of contracts entered into in one state througout all fifty states.

 

[a_unique_person]

You're discussing this as if it were being considered in a civilized country.

It's Turkey.
The evidence presented in court will likely be a white hot knife on the wife's tongue.

I vote no.

Then again, this law will likely prevent Turkey from joining the E.U.

I vote yes.

I hear they aren't too keen on gay marriage, either.

 

[TragicMonkey]

Some civilised countries do have laws that make adultery illegal. In the US, for instance, 24 States have laws against adultery (and ten have laws against premarital sex). The most recent prosecution was in August this year in Virginia, so some people are still willing to use them.

I've lived in Virginia for years, and it's not civilized at all.

I think adultery should be mandatory. It would make life more interesting in this religion-infested backwater.

 

[LW]

It's Turkey.
The evidence presented in court will likely be a white hot knife on the wife's tongue.

Ah yes, it is a muslim country so obviously its legal conventions are on early Middle-Age level, how on earth could I forget it?

 

[MRC_Hans]

I believe Eos is Canadian. Only a German would have trouble with that distinction.

Seriously, there are a couple of problems with the initial premise. Lawyers, straighten me out where I stray:

1) Violation of a public responsibility is a crime. Violation of a private (i.e. contractual) responsibility is a tort. They are two different things.

2) Whether marriage qualifies as a contract under the law is, I believe, still open for debate. If it were, no questions asked, then same-sex marriages in the U.S. would unquestionably be legal throughout the country the minute one state recognized them; that's because our Constitution provides for protection of contracts entered into in one state througout all fifty states.

Isn't Canada part of America? ... OK, you got me there , especially the "German" part .

Seriously, your points are good. Although #2 doesn't seem to pertain to Canada .

Hans

 

[Tmy]

In many states its still illegal, just rarely prosecuted.

You forget the other culprit. THe OTHER WOMEN/MAN. Every once in a while theres a story of pissed off wife sueing the other women. GOOD! Its shoudl be illeagl considering the damage caused. The mistress is interfereing with the marriage contract at the very least.

 

[CBL4]

Forgetting whether it should be illegal, the legal implication are absurd. I think I read that close to 50% of the people in the US have committed adultery. Do we really want to fine or jail half the population?

Laws that a commonly broken only cause contempt for the judicial system and foster corruption. Police would arrest someone for adultery because they (or the DA or the mayor) have a grudge against someone.

In the VA case, I wonder what the guy did to piss someone off?

CBL

 

[TragicMonkey]

In the VA case, I wonder what the guy did to piss someone off?

It was the other woman who pressed charges. Apparently he wanted to stop having an affair with her, so she decided he should be punished for having an affair with her to begin with!

Unrelated question: what's the legal definition of adultery? Can it be considered adultery if a married couple has a threesome? Hmm. It could make for some very interesting court cases.

 

[CBL4]

It was the other woman who pressed charges

But the DA has the discretion to press or not pursue the case. Why did he choose to do so? Why didn't he charge the other woman with some conspiracy charge?

Unless a prosecutor has a bee up his bonnet, it is very difficult to get him to press charges especially on a misdemeanor. I have been trying for months to get someone charged with a felony real estate fraud and the police still have not even questioned the perpetrator.

CBL

 

[TragicMonkey]

But the DA has the discretion to press or not pursue the case. Why did he choose to do so?

I don't remember reading about his reasons, but I'm willing to bet that he's up for reelection and was afraid of seeming soft on immorality and crime.

After all, why have a law if you're not going to enforce it? Either enforce them all, or get rid of the stupid ones.

 

[BPSCG]

Forgetting whether it should be illegal, the legal implication are absurd. I think I read that close to 50% of the people in the US have committed adultery. Do we really want to fine or jail half the population?

Yeah. We could balance the budget and I could get to work faster.

I'm in the other 50%...

 

[Chanileslie]

I have a real problem with government legislating morality and that is what this is would be. Yes, marriage is a contract, but like most contracts, it can be fluid and the rules that apply to each contract are up to the individuals involved in that contract. And there is already a punishment for breaking that contract, it is called divorce. Also, if there are damages, like any contract, one can sue a straying partner in a civil court, as with any contract issues, not a criminal court.

I also have a problem with any government interference in who we sleep with and when and how. This should not be at issue ever. If I feel wronged by my partner, then I will take it up with my partner. This is not a criminal matter, civil, possibly, but not criminal.

In addition to that, if infidelity were to be made illegal, where does that stop? What about a couple that choses to have an open marriage? A couple who are open to polyamory and wish to invite other people to share their bond? We have no right to tell people how to live their lives and who they may or may not sleep with.

I think politicians would use this type of legislation to badger groups that they or their constituents don't like, such as homosexuals and polyamorous groups.

And finally, government should not be involved in marriage in any form at all. It is a basic impingement on our rights and freedoms.

 

[Chanileslie]

Tomatoes, tomotoes. Civil, criminal. Either way it would be illegal right?

No, not necessarily. Contracts are drawn up based on what the individuals will agree to, and what is contracted for one set of people may not be the same as what is contracted for the another set of people. And unless the contract language is very specific, it can be open to interpretations. If one breaks a contract, one may be liable for monetary or property damages, but there is no criminal record attached.

 

[BPSCG]

No, not necessarily. Contracts are drawn up based on what the individuals will agree to, and what is contracted for one set of people may not be the same as what is contracted for the another set of people.

In marriages, both parties generally agree to "forsake all others" or words to that effect. Kinda hard to wriggle off that hook, especially when you got on it publicly, in front of your friends, your family, everyone you hold dear, as well as an official of the faith of your God or a public official.

 

[DaChew]

Quick question: Would oral sex be considered punishable adultery?

 

[TragicMonkey]

Quick question: Would oral sex be considered punishable adultery?

That's what I meant by more interesting court cases. Can you imagine the sound bites from that trial?

 

[pgwenthold]

Unrelated question: what's the legal definition of adultery? Can it be considered adultery if a married couple has a threesome? Hmm. It could make for some very interesting court cases.

Well, it might help to get people to stop trying to get out of jury duty.

Video! We want video!