View Poll Results: Should adultery be a criminal offense punishable by jailtime?

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  • Obviously! It should carry MMS and strict for 2nd++ offense..

    5 4.55%
  • Yes, jailtime.

    4 3.64%
  • Yah, first fine, then jail, mild jail time.

    1 0.91%
  • Hmm.. Perhaps..

    8 7.27%
  • No..

    90 81.82%
  • Something else(explain).

    7 6.36%
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Thread: Should adultery be a criminal offense punishable by jailtime?

  1. #41
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Tucker Case View Post
    Your claims that an unscientific poll conducted on a political debate website with a exceedingly small sample of self-selected participants proves that America is morally bankrupt went over my head?

    Obviously not, I already said you must have failed at science in school.
    Guess I should have said reflects whats already been proven

  2. #42
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by rivrrat View Post
    Don't even need a "breach of a vow" to get divorced. All you need is a desire to get divorced. So, your point is...?
    No-fault is a recent, albeit mostly universal, development, yes. But it wasn't always that way.

    And, when dividing things up, courts will take into account the behavior of the parties vis-a-vis the "wedding contract."

    And no, promises aren't always made. All that's required is a signature.
    Most states require a ceremony be performed, among other things, as well as witnesses to that ceremony. Which means you have to actually declare your vows and say your "I Dos." In fact, I'm not aware of one which doesn't.

    Sure, you could all sign the papers saying you did all that stuff, but it would be fraudulent.
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  3. #43
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by rivrrat View Post
    To the people who voted yes, and the people that think it's a breach of some contract:

    Just out of curiosity... where in the signed marriage license does it say "will never have sex with another human being - EVER"?

    I don't recall seeing that in what I and the participants signed when I officiated a marriage.
    It's grounds for divorce according to the state. That would make it breech of contract. I think the technical term is Alienation of affection or something along those lines.

    and is a tort offense in some. I know it is in NC.

    Alienation of affections - Wikipedia, the free encyclopedia
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  4. #44
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Harshaw View Post
    Yup, and I said "whatever you promised."



    Ooooh, that's one of those layman's legal myths, like "finders keepers."
    Do you actually have evidence that the vows said during the ceremony are legally binding? They may be grounds for a divorce, but can tehy be grounds for more than just a divorce?




    We already do -- as I said, breach of the marital vows is grounds for divorce. And there are countries which do impose legal penalties.

    I'm not advocating anything here, just providing the legal framework upon which it could be done.
    Can the US impose legal penalties. Are the words of the vows actually considered legally binding? (this is different from grounds for a divorce. )
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  5. #45
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by creativedreams View Post
    Guess I should have said reflects whats already been proven
    You got any actual evidence of that "proof" or are you promoting a hypothesis?
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  6. #46
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by creativedreams View Post
    I believe it absolutely should because it tears apart the very fabric of our societies morals. (which by the way america has few when it comes to family values)

    People who get married and then get cheated on are actually completely cheated in life in terms of having shattered dreams for there family foundation.

    If a person has a desire for other people other than their spouse then they should have the descency to formally end the relationship first.

    Because of the impact it has to the cheated on and the children if it was a mistake but still led to destroying a family I believe it should be a very serious crime.
    Many couples survive affairs and live on to have happy marriages.

  7. #47
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Harshaw View Post
    No-fault is a recent, albeit mostly universal, development, yes. But it wasn't always that way.
    Yeah, it USED to be that women were considered property and had no say in who they were going to marry or when. But that was then, and this is now.

    And, when dividing things up, courts will take into account the behavior of the parties vis-a-vis the "wedding contract."
    As well they should when dividing up assets between two partners with a legal disagreement. Whether it's a marriage, or business relationship. I mean, if man repeatedly beats the crap out of his wife and she ends up cheating on him, well... I would hope the judge awards her everything in the divorce proceedings.


    Most states require a ceremony be performed, among other things, as well as witnesses to that ceremony. Which means you have to actually declare your vows and say your "I Dos." In fact, I'm not aware of one which doesn't.
    No, all that's required by the state is a piece of paper signed by the husband, wife, witnesses, and the person officiating. No ceremony need be performed. No vows are EVER necessary. And, even if for some insane reason a state required a "ceremony", all you have to say is: "Do you take him/her to be your husband/wife?" Finis.

    Sure, you could all sign the papers saying you did all that stuff, but it would be fraudulent.
    Nothing in my paperwork said a damn thing about any ceremony. Only that there were witnesses to the willful signatures of the husband/wife. That's it.


    Quote Originally Posted by Phoenix View Post
    It's grounds for divorce according to the state. That would make it breech of contract. I think the technical term is Alienation of affection or something along those lines.

    and is a tort offense in some. I know it is in NC.

    Alienation of affections - Wikipedia, the free encyclopedia
    Don't need that to get divorced. Just gotta say you want to get divorced.

  8. #48
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by talloulou View Post
    Many couples survive affairs and live on to have happy marriages.
    Nope. For better for worse, in sickness and in health, 'Till death do us part means severe punishment if one party shows any weakness. Instead of addressing the reasons why people stray, we should jail them!

    Morally bankrupt I tells ya!
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  9. #49
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Tucker Case View Post
    Do you actually have evidence that the vows said during the ceremony are legally binding?
    A verbal contract is as legally binding as a written contract. The reason that verbal contracts face more challenge in court is because there is little, or no, evidence of them being executed. However, if both parties to a verbal contract went to court and both admitted to the existence of a verbal agreement and the terms of the agreement but one party disputed the contractual nature of the verbal agreement because it wasn't codified in written form, then that party would lose their argument as the judge found the verbal contract did exist and that its terms enforceable.

    Most wedding vows don't make a habit of noting that sexual fidelity is off the table and that the partners can screw around as they please.

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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Tucker Case View Post
    Do you actually have evidence that the vows said during the ceremony are legally binding? They may be grounds for a divorce, but can tehy be grounds for more than just a divorce?
    Traditionally, in many jurisdictions, they have been. This scot-free, no-fault divorce thing is pretty much exclusively a 20th-century development.


    Can the US impose legal penalties.
    It would be a state thing, but there's no reason why they couldn't. Like I said, it wouldn't be new.

    Are the words of the vows actually considered legally binding? (this is different from grounds for a divorce. )
    Depends what you mean. In some respects they are. Not in a criminal sense.

    But they certainly could be made to be, explicitly and forcefully.

    Doesn't mean I think they should be. But there's certainly a framework for it, and even a strong social argument to be made.
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