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Should adultery be a criminal offense punishable by jailtime?

Should adultery be a criminal offense punishable by jailtime?

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

    Votes: 2 3.1%
  • Yes, jailtime.

    Votes: 2 3.1%
  • Yah, first fine, then jail, mild jail time.

    Votes: 0 0.0%
  • Hmm.. Perhaps..

    Votes: 0 0.0%
  • No..

    Votes: 57 87.7%
  • Something else(explain).

    Votes: 4 6.2%

  • Total voters
    65
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No, both parties don't have to want a divorce in order for a divorce to happen. There may be "waiting periods" in certain states, sure. All states have different laws regarding the matter. But really, it's just a stupid legal thing. If I want out of a marriage, I'm just going to ****ing walk out the door. I'd like to see some state law stop me. I may still be technically legally married, but WTF difference does that make in the grand scheme of things when I move the **** out? Nothing. It's the relationship I want out of. The legal documentation is just a formality.

But, what you cited merely says that in NC a couple must separate for a year, and then they can be granted a divorce - IF one party (for some absolutely insane reason) doesn't agree to the divorce. Which means that what I said previously is quite accurate.

My only point is that a contractual agreement does exist. If you just walk out the door and do no more you are still married. That marriage has an effect on your life. (you can't marry someone else for example) The only way to relieve yourself from that obligation is to have a judge grant you a divorce. That is the very definition of a contract. I would be interested to hear what RightinNYC has to say about it.
 
If I didn't comment on it that doesn't mean that I did, or didn't agree with it, it just means that I'm rationing my time to comment on points that I find interesting. Frankly, I can't even recall what that point was.

The point was that jail wasn't as effective a deterrent as the outcomes alread in place.

Look at what happens in war zones. What was the incidence of rape in the Bosnian conflict to the incidence of rape today, now that order has been restored? Look at Darfur, look at Somalia, look at Rwanda.

OF course when foreign fighters who were committing rape leave the numbers go down. How many of those accusations are accurate? How many go unreported when someone they know personally rape them? You hardly have a reliable data set to work with on these comparisons.

Would you rape a woman if you could get away with it?
 
My only point is that a contractual agreement does exist. If you just walk out the door and do no more you are still married. That marriage has an effect on your life. (you can't marry someone else for example) The only way to relieve yourself from that obligation is to have a judge grant you a divorce. That is the very definition of a contract. I would be interested to hear what RightinNYC has to say about it.

What are the conditions of that contract? Essentially, the only condition is that you can't marry someone else.

Any other conditions must be explicitly laid out. There are no assumptions. That's what prenuptual agreements are for. And still, it's a civil matter, not a criminal one.
 
My only point is that a contractual agreement does exist. If you just walk out the door and do no more you are still married. That marriage has an effect on your life. (you can't marry someone else for example) The only way to relieve yourself from that obligation is to have a judge grant you a divorce. That is the very definition of a contract. I would be interested to hear what RightinNYC has to say about it.

I never said there wasn't a legal contract. I've always said that's ALL marriage is, a legal contract. That's it.

However, there's nothing in that contract that the parties sign that says anything about fidelity.
 
The point was that jail wasn't as effective a deterrent as the outcomes alread in place.

I've bypassed the whole jail aspect to this thread because others were making good arguments. The government shouldn't be involved in jailing people who break contracts.

Would you rape a woman if you could get away with it?

It's not a matter of whether you or I would do this. You and I are not typical of EVERY man. The question to ask is whether the man on the margin would rape a woman if he could get away with it.

There are plenty of men and women who would not cheat on their spouse in their everyday lives but if a woman goes to Club Med with her girlfriends, or on a business trip, the odds of her cheating increase because the odds of getting caught and having to face the consequences decrease.
 
I've bypassed the whole jail aspect to this thread because others were making good arguments. The government shouldn't be involved in jailing people who break contracts.



It's not a matter of whether you or I would do this. You and I are not typical of EVERY man. The question to ask is whether the man on the margin would rape a woman if he could get away with it.

There are plenty of men and women who would not cheat on their spouse in their everyday lives but if a woman goes to Club Med with her girlfriends, or on a business trip, the odds of her cheating increase because the odds of getting caught and having to face the consequences decrease.

Well, it's a fruitless endeavor to debate hypotheticals. I'm not convinced that that a person you describe exists. You'll have to prove they do in order to continue this line of discussion. Most rapists do get away with it. I think that these borderline people are just rapists in waiting.
 
If adultry were made a crime resulting in jail time for offenders we had better add at least another 500 billion to the stimulus package to build prisons.
 
I never said there wasn't a legal contract. I've always said that's ALL marriage is, a legal contract. That's it.

However, there's nothing in that contract that the parties sign that says anything about fidelity.

If one of the reasons to dissolve the contract is infidelity, then it is an inherent condition of the contract. Otherwise a party would go to the judge and say "She is an adulterer I want a divorce" the judge would say "It doesn't matter, pick a different reason"
 
If one of the reasons to dissolve the contract is infidelity, then it is an inherent condition of the contract. Otherwise a party would go to the judge and say "She is an adulterer I want a divorce" the judge would say "It doesn't matter, pick a different reason"

Infedelity is not required for a valid marriage nor does it automatically end up in divorce. There are open marriages and swinger couples. There are people who remain married after infedility. It's up to the parties to decide if they should divorce over it. A judge can't file for divorce. Now imagine if a third party reported infidelity and one spouse went to jail while the other had no intention of divorcing.
 
It's the violation of the terms of a contract and so there should be punishment just as there is punishment for violations of other contracts.

contractual breaches generally are not referred to as crimes though
 
The marriage. Basically they witness the willing signatures of the husband/wife. Or, witness the ceremony if there was one. But all the state wants is the signatures of the officiate (basically a notary - in fact, can be just a notary in some states), the husband and wife, and the witnesses all attesting to the fact that the husband/wife wish to be married.


No, no ceremony required "for the most part". Especially not in the state that I can perform marriages. And even if there is some requirement for some words to be spoken, it would simply be "do you take him/her to be your husband/wife?" Already mentioned this.


But not required.

You seem to think I'm saying there needs to be some kind of gala event. I'm not. But there has to be a time where the two getting married get together and declare their intent to be married and are declared so by an officiant.

THAT'S A FRICKIN' CEREMONY. If it weren't a requirement, there'd be no need for an officiant at all. The spouses could just sign.

But you know full well that marriage is a contract, as you've said, so what was the point of all of this to start with?

What's to argue?
 
Should adultery be a criminal offense punishable by jailtime?

What do you mean "should"?

South Dakota Codified Laws
25-4-2. Grounds for divorce. Divorces may be granted for any of the following causes:

(1) Adultery;
(2) Extreme cruelty;
(3) Willful desertion;
(4) Willful neglect;
(5) Habitual intemperance;
(6) Conviction of felony;
(7) Irreconcilable differences.


Source: SDC 1939, § 14.0703 (1) to (6); SL 1985, ch 207, § 3.

I don't see any reason to jail the adulterer.
 
Have you ever been cheated on? Me neither.. There is no way that you can know how you would react.. Perhaps you would be one of the people who tied a knot around your neck and died because of it..

I've been cheated on, big whoop. Sucks. You live... unless of course you off yourself.

But let's pretend I haven't been in the situation. Let's pretend I'm ignorant of the pain caused by inidelity. I can tell you with 100% surety that I would NEVER commit suicide over something like that.

I'm not that much of a selfish peice of ****. Suicide is the ULTIMATE selfish behavior. It is being so invested in your own pain that you are completely heedless of the ramifications and pain that that action will cause to those that love you.

Having far too much expereince with suicides and suicide attempts in my life is one of the main reasons why I am totally disgusted by those who do it. I can say I would never commit suicide in ANY circumstances outside of hastening my own demise due to terminal illness. In that situation, though, I would discuss the issue with those I love and if they would have any problems with it, I would not do it.

I'll take the pain and agony upon myself for their sake.

If someone offs themself because thier spouse cheated, they have committed a FAR more eggregious act than the cheater did. They haven't just harmed one person. They've done damage to everyone who has any emotional feelings towards them. That person's mother, father, grandparents, siblings, cousins, children, and friends will be forced to deal with the terrible consequences of that persons selfishness.

And unlike infidelity, suicide is not something that can be gotten over. NOTHING can be done to make things better. You never get over the pain of a loved one commiting suicide, regardless of their reasons for it.

If someone gets cheated on, I have pity for them. I honestly do. It sucks. I know exactly how much it sucks. If they decide to commit suicide over it, I have total and complete disdain for them. Any pity I might have felt for them is thrown completely out the window because they are selfish animals unworthy of my pity.

Admittedly, suicide is not an issue where I act totally rationally. I'm way too overly emotional on the issue because of my experiences with it. It is within a person's right to kill themselves, in my opinion, but should they do it, they are peices of **** on par with murderers in my eyes. Just because onehas a right to do something doesn't mean they aren't the scum of the earth for doing it.

The same can be said regarding inifidelity. It's a peice of **** action. It is within one's rights to do it, but that doesn't mean doing it doesn't make one a scumbag peice of ****.

Freedom's a bitch. Assholes deserve the same freedoms as non-assholes. True freedom only comes when one has choices. I'm free to cheat on my wife, but that makes my fidelity something special. Making infidelity a crime only weakens the honor of staying faithful. If a person requires coercement to remain faithful, that person is a peice of **** anyways. The partner in that situation can never know if the fidelity is real or coerced.

Too often we look to the outside to enforce that which we should be doing anyways. Making infidelity illegal is a dishonor to those who actually have morality. You cannot force morality upon another because morality is conscience. If we make infidelity illegal, what we are doing is not teaching people that it is immoral or wrong to cheat, we are telling them it is wrong and tellign them that they must behave as we have decreed.

They may act faithful because of this coercive technique, but they are just as morally bankrupt as they were before. They still will see nothing inherently wrong with infidelity.

The argument about ramifications for immoral behavior is bunk because this person sees the bahavior as moral. Anyone who is on the fringes regarding anaction and they are only held back by the chance for incarcerration are just as morally bankrupt as the person who is not held back by this prospect.

They BOTH feel that the action is not wrong, it's just that one of them is frightened by consequences of said action while the other isn't.

And the selfish type of person who feels that infidelity is perfectly alright will still be a selfish person who's selfish behavior will manifest in other ways.

Clearly, there are currently ramifications for infidelity. You harm the other person. If someone is heedless of their partners feelings in this situation, they will be heedless of those feelings in so many other situations. What difference is theior in making it illegal when the truth of the matter is, just by the fact that they don't find infidelity inherently wrong, they are already a ****ty spouse. Just for the view they have.

Acting on that view changes nothing. The simple existence of that view is enough to make someone a bad spouse.

Unless they have always been honest with their partner and let the partner know that they hold these views. If they do that, then there is nothing morally wrong with their views or any future infidelities. The issue is not the infidelity, it's the lying and deceit that it entails. The lying and deceitful spouse wil lbe a lying ad deceitful whether infidelity is legal or not.

The only logical reason to criminalize infidelity is to exact revenge for the injured party. It does not increase morality. It does not make the marginal spouse a better spouse. It simply exacts revenge. But that is not the purpose of government. That is not the purpose of law.
 
I noticed that Zeebra posted this poll and then disappeared for about 9 freaking pages and didn't answer my question either. What's the matter, lose interest in the topic?
 
Infedelity is not required for a valid marriage nor does it automatically end up in divorce. There are open marriages and swinger couples. There are people who remain married after infedility. It's up to the parties to decide if they should divorce over it. A judge can't file for divorce. Now imagine if a third party reported infidelity and one spouse went to jail while the other had no intention of divorcing.

Just like any contract, either party can choose to tolerate a breech of terms.
 
I noticed that Zeebra posted this poll and then disappeared for about 9 freaking pages and didn't answer my question either. What's the matter, lose interest in the topic?

Hot topic for most of us. Jail no. Financial responsibility for any AND ALL expenses resulting from the adultry....big `yes vote` here. Judges , lawyers, homes, childrens lives, and then some, are the cost of some turd getting laid. Boy whore, Girl whore, either way we need to stop devideing assets and start passing the financial cost on to the one who brought it on. All you deadbeat lawyers just shut the f**k on this one.
 
I've been cheated on, big whoop. Sucks. You live... unless of course you off yourself.

But let's pretend I haven't been in the situation. Let's pretend I'm ignorant of the pain caused by inidelity. I can tell you with 100% surety that I would NEVER commit suicide over something like that.

I'm not that much of a selfish peice of ****. Suicide is the ULTIMATE selfish behavior. It is being so invested in your own pain that you are completely heedless of the ramifications and pain that that action will cause to those that love you.

Having far too much expereince with suicides and suicide attempts in my life is one of the main reasons why I am totally disgusted by those who do it. I can say I would never commit suicide in ANY circumstances outside of hastening my own demise due to terminal illness. In that situation, though, I would discuss the issue with those I love and if they would have any problems with it, I would not do it.

I'll take the pain and agony upon myself for their sake.

If someone offs themself because thier spouse cheated, they have committed a FAR more eggregious act than the cheater did. They haven't just harmed one person. They've done damage to everyone who has any emotional feelings towards them. That person's mother, father, grandparents, siblings, cousins, children, and friends will be forced to deal with the terrible consequences of that persons selfishness.

And unlike infidelity, suicide is not something that can be gotten over. NOTHING can be done to make things better. You never get over the pain of a loved one commiting suicide, regardless of their reasons for it.

If someone gets cheated on, I have pity for them. I honestly do. It sucks. I know exactly how much it sucks. If they decide to commit suicide over it, I have total and complete disdain for them. Any pity I might have felt for them is thrown completely out the window because they are selfish animals unworthy of my pity.

Admittedly, suicide is not an issue where I act totally rationally. I'm way too overly emotional on the issue because of my experiences with it. It is within a person's right to kill themselves, in my opinion, but should they do it, they are peices of **** on par with murderers in my eyes. Just because onehas a right to do something doesn't mean they aren't the scum of the earth for doing it.

The same can be said regarding inifidelity. It's a peice of **** action. It is within one's rights to do it, but that doesn't mean doing it doesn't make one a scumbag peice of ****.

Freedom's a bitch. Assholes deserve the same freedoms as non-assholes. True freedom only comes when one has choices. I'm free to cheat on my wife, but that makes my fidelity something special. Making infidelity a crime only weakens the honor of staying faithful. If a person requires coercement to remain faithful, that person is a peice of **** anyways. The partner in that situation can never know if the fidelity is real or coerced.

Too often we look to the outside to enforce that which we should be doing anyways. Making infidelity illegal is a dishonor to those who actually have morality. You cannot force morality upon another because morality is conscience. If we make infidelity illegal, what we are doing is not teaching people that it is immoral or wrong to cheat, we are telling them it is wrong and tellign them that they must behave as we have decreed.

They may act faithful because of this coercive technique, but they are just as morally bankrupt as they were before. They still will see nothing inherently wrong with infidelity.

The argument about ramifications for immoral behavior is bunk because this person sees the bahavior as moral. Anyone who is on the fringes regarding anaction and they are only held back by the chance for incarcerration are just as morally bankrupt as the person who is not held back by this prospect.

They BOTH feel that the action is not wrong, it's just that one of them is frightened by consequences of said action while the other isn't.

And the selfish type of person who feels that infidelity is perfectly alright will still be a selfish person who's selfish behavior will manifest in other ways.

Clearly, there are currently ramifications for infidelity. You harm the other person. If someone is heedless of their partners feelings in this situation, they will be heedless of those feelings in so many other situations. What difference is theior in making it illegal when the truth of the matter is, just by the fact that they don't find infidelity inherently wrong, they are already a ****ty spouse. Just for the view they have.

Acting on that view changes nothing. The simple existence of that view is enough to make someone a bad spouse.

Unless they have always been honest with their partner and let the partner know that they hold these views. If they do that, then there is nothing morally wrong with their views or any future infidelities. The issue is not the infidelity, it's the lying and deceit that it entails. The lying and deceitful spouse wil lbe a lying ad deceitful whether infidelity is legal or not.

The only logical reason to criminalize infidelity is to exact revenge for the injured party. It does not increase morality. It does not make the marginal spouse a better spouse. It simply exacts revenge. But that is not the purpose of government. That is not the purpose of law.

Outstanding post. :applaud
 
Just like any contract, either party can choose to tolerate a breech of terms.

And breaching a contract is not a crime.
 
It is illegal in some states.
SC for example.

Query - South Carolina Legislature Online

SECTION 16-15-60. Adultery or fornication. [SC ST SEC 16-15-60]

Any man or woman who shall be guilty of the crime of adultery or fornication shall be liable to indictment and, on conviction, shall be severally punished by a fine of not less than one hundred dollars nor more than five hundred dollars or imprisonment for not less than six months nor more than one year or by both fine and imprisonment, at the discretion of the court.

SECTION 16-15-70. "Adultery" defined. [SC ST SEC 16-15-70]

"Adultery" is the living together and carnal intercourse with each other or habitual carnal intercourse with each other without living together of a man and woman when either is lawfully married to some other person.

SECTION 16-15-80. "Fornication" defined. [SC ST SEC 16-15-80]

"Fornication" is the living together and carnal intercourse with each other or habitual carnal intercourse with each other without living together of a man and woman, both being unmarried.
 
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