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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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Jerry said:
I don't know that I was addressing that claim at all. I don't recall reading it.

I was, however, addressing this claim:

...and it is that claim which the passages I cited counter.
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it counters certain aspects but not all. It shows that a man who is married commits adultery if he has sex with another married woman, or a woman who is divorced. That's all. There is quite a few more instances that this leaves open. Where are those closed?

Would you like me to address the claim you referred to also?
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Of course. :2razz:
 
Jerry said:
Hmm, tell my boys and my extended family that my wife's adultery was only a breach of a contract: "Oh, mommy broke a strictly legal contract and has absolutely no effect on you at all, in anyway what-so-ever".

Never mind the credible research demonstrating that children are worse off in single parent homes. Never mind that statistics showing that they are more likely to be abused sexually, physically and emotionally by mommy’s boyfriends. No no, Tucker says none of this exists, so it must be true because he said so; and Tucker is always right, just ask him, he'll tell you.

Adultery destroys the family, the destruction of the family harms everyone immediately involved directly and society by proxy and that is why it is wrong.

It's not my morality; it's not your morality, its objective truth which, yes, does actually exist.

Your argument is born of gross ignorance and utter denial of documented facts. I can't address it comprehensively as I would have to start with basic sociological concepts which I neither have the time or patents to type nor the casual reader to digest.

You couldn't be more wrong, Tucker. Adultery is so much more than a simple breach of a contract.
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I don't think anyone is denying how much adultery can adversely affect the entire family. But how is making it illegal going to solve anything? People cheat for a variety of reasons. Very few do it simply because of a lack of legal consequences.
 
independent_thinker2002 said:
Jerry, do you think your wife should have gone to jail?
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I think that if this issue was logically addressed by laws 200yrs ago instead of assuming it was common sense...our countries morals would not have evolved to this level of deterioration!
 
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Until we're willing to put people in jail for crappy parenting (not neglectful or abusive parenting, just regular run-of-the-mill crappy parenting), or for being a single parent, you can't rightly jail someone for the effect their adultery has on their children.
 
creativedreams said:
I think that if this issue was logically addressed by laws 200yrs ago instead of assuming it was common sense...our countries morals would not have evolved to this level of deterioration!
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Do you think that would have prevented Thomas Jefferson from having a slave baby?
 
TacticalEvilDan said:
Until we're willing to put people in jail for crappy parenting (not neglectful or abusive parenting, just regular run-of-the-mill crappy parenting), or for being a single parent, you can't rightly jail someone for the effect their adultery has on their children.
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Funny how most parts of the world sees marriage as more of a legal child rearing bond than the west. Here it is becoming more and more a business transaction and most children are being raised without one of their blood parents
 
creativedreams said:
This certainly is an example of one of the "tragic flaws" of too much freedom
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Only because you believe the law should prosecute actions which are not physically injurious or destructive or larcenous.
 
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Jerry said:
Hmm, tell my boys and my extended family that my wife's adultery was only a breach of a contract: "Oh, mommy broke a strictly legal contract and has absolutely no effect on you at all, in anyway what-so-ever".

Never mind the credible research demonstrating that children are worse off in single parent homes. Never mind that statistics showing that they are more likely to be abused sexually, physically and emotionally by mommy’s boyfriends. No no, Tucker says none of this exists, so it must be true because he said so; and Tucker is always right, just ask him, he'll tell you.

Adultery destroys the family, the destruction of the family harms everyone immediately involved directly and society by proxy and that is why it is wrong.

It's not my morality; it's not your morality, its objective truth which, yes, does actually exist.

Your argument is born of gross ignorance and utter denial of documented facts. I can't address it comprehensively as I would have to start with basic sociological concepts which I neither have the time or patents to type nor the casual reader to digest.

You couldn't be more wrong, Tucker. Adultery is so much more than a simple breach of a contract.
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Sorry that happened to you, but it doesn't make it a crime.

It's a civil matter, for civil courts.

It's been that way and will continue to be that way for a reason. Adultery isn't a crime.
 
Maximus Zeebra said:
You are right.. I had that in mind the whole time.. Less unserious and rushed into marriages, more serious and deeply considered marriages. Less divorces.. Marriage is a religious ceremony, not a state ceremony btw. Thus its fair to place adultery in the contract as being illegal, if the state provided the legal framework for it.
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No, marriage is not a religious ceremony. It's a license and contract issued by the state. There is no ceremony required, and most CERTAINLY not a religious one.
 
independent_thinker2002 said:
Jerry, do you think your wife should have gone to jail?
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Jerry said:
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.
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I don't see any reason to jail the adulterer.
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How does your question have anything to do with the post you were responding to?
 
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scourge99 said:
Only because you believe the law should prosecute actions which are not physically injurious or destructive or larcenous.
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To expand: what compelling interest does the state have to get involved with such? And how would punishment in the form of jail or fines fix correct the behavior or the consequences of it?
 
scourge99 said:
Only because you believe the law should prosecute actions which are not physically injurious or destructive or larcenous.
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The mental stress and damage this causes to many people is in direct relation to many, many crimes and murders....got clue?
 
Jerry said:
How does your question have anything to do with the post you were responding to?
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Sorry, I forgot your earlier post.

I was just curious.

Adultary is a symptom of some other relationship issue.
 
Captain Obvious said:
Sorry that happened to you, but it doesn't make it a crime.

It's a civil matter, for civil courts.

It's been that way and will continue to be that way for a reason. Adultery isn't a crime.
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It is a civil crime, as I sourced.

Kindly accept correction.
 
independent_thinker2002 said:
Sorry, I forgot your earlier post.

I was just curious.

Adultary is a symptom of some other relationship issue.
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According to my avatar, financial troubles are the leading cause of divorce.

My personal experiences certainly support that.
 
creativedreams said:
The mental stress and damage this causes to many people is in direct relation to many, many crimes and murders....got clue?
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The courts don't punish murderers for the mental anguish caused to their loved ones, that is for civil court.

I've got no qualms with people suing their cheating spouses in civil court for lost job income or other compensation due to mental anguish.

Point refuted. Anything else?

Edit: if we open pandoras box and punish people for causing mental anguish to others then where do we draw the line? If I'm upset because you didn't invite me over can I put you in jail? If a girl won't date me anymore can I put her in jail? Gets a bit absurd don't you think?
 
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scourge99 said:
it counters certain aspects but not all. It shows that a man who is married commits adultery if he has sex with another married woman, or a woman who is divorced. That's all. There is quite a few more instances that this leaves open. Where are those closed?

Of course. :2razz:
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If nothing else, the sources I gave from Matthew seal it up.
 
scourge99 said:
The courts don't punish murderers for the mental anguish caused to their loved ones, that is for civil court.

I've got no qualms with people suing their cheating spouses in civil court for lost job income or other compensation due to mental anguish.

Point refuted. Anything else?
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This is on the same plane as to the moral damage drugs do and all the crime spiraled off it......got clue yet?
 
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creativedreams said:
The mental stress and damage this causes to many people is in direct relation to many, many crimes and murders....got clue?
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You got stats to back that claim up? That adultery is a direct cause of violent crimes to others? And, anything to explain how one person committing adultery forces someone else to commit a crime?
 
creativedreams said:
Funny how most parts of the world sees marriage as more of a legal child rearing bond than the west. Here it is becoming more and more a business transaction and most children are being raised without one of their blood parents
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Marriage has nothing to do with parental responsibility.

If you spawn, you are responsible for the individuals which you spawn.
 
scourge99 said:
Edit: if we open pandoras box and punish people for causing mental anguish to others then where do we draw the line? If I'm upset because you didn't invite me over can I put you in jail? If a girl won't date me anymore can I put her in jail? Gets a bit absurd don't you think?
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law.com Law Dictionary

n. mental suffering which includes fright, feelings of distress, anxiety, depression, grief and/or psychosomatic physical symptoms. It is distinguished from physical pain due to an injury, but it may be considered in awarding damages for physical injury due to a defendant's negligence or intentional infliction of harm.

Where there is no physical injury, damages can still be awarded for mental anguish if it is reasonable to presume such would naturally flow from the incident. Examples: holding a pistol to one's head, any threat of bodily harm when it appears it could be carried out, swinging with a scythe even though the assailant missed, or witnessing injury or death to a loved one.

There are also situations in which the obvious result of the alleged wrongdoing would be mental distress due to embarrassment or damage to one's reputation through libel, and therefore damages can be awarded to the distressed party.

However, there are limits: in general, breach of contract judgments cannot include damages for mental anguish due to the loss of a deal or employment. But then there is the case of the shop which failed to deliver the bridal gown in time for the wedding-mental anguish flows naturally (along with the bride's tears) from such a breach.
See also: damages mental suffering
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The pandoras box has been open for a long, long time.
 
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