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View Full Version : Screwing Around on Wife/Husband a Crime?



DHC
02-21-2013, 13:52
In the 'Polyamory' thread in GD, I mentioned that Democratic Representatives Kagan and Steadman have re-introduced a bill to de-criminalize adultery and other laws that address 'promoting immorality.' Link here --> http://www.denverpost.com/breakingnews/ci_22636378/colorado-lawmaker-wants-decriminalize-adultery-other-morals-laws

Given the reported incidence of infidelity, this may meet with a divided audience here. If anyone has ever had a spouse cheat on them, chances are you will favor keeping the laws on the books. If, OTOH, you have stepped out on a spouse, you might be inclined to prefer that act NOT be a criminal one. I think the issue is a bigger one than the simple act of sex with a paramour. When examining the factors leading to kids becoming criminals and acting out with guns, there seems to be some agreement that family values, or lack of them, play a role and possibly even a leading role. What message does it send when a legislator steps up to remove one of the few remaining condemnations of an act known to be destructive to families?

At the Denver Post page carrying the article there are a number of comments - some rather insipid. They argue since marriage is a civil contract then rather than adultery being a criminal matter it should be settled as a civil matter. They must be unaware that Colorado, like all but about 7 states in the country, has adopted "heart balm" legislation making it impermissable to bring a civil action for "alienation of affection," "criminal conversation," or "intentional interference (adultery)" claims. Notably, our neighboring state, Utah, allows such claims and there are a large number of cases heard each year with many of them successful for the plaintiffs.

In a period when answers are sought as to WHY these mass shooters become crazed nutbags - and family dysfunction is at least a part of the reason - and adultery is recognized as destructive to families - does it make ANY sense to be considering passing legislation that removes existing laws that support the concept of an intact family?!? Worse, doesn't the act of removing those laws also send a message of tacit approval/encouragement of those acts?

My opinion is probably clear from the biased form of rhetorical questions. What do y'all think?

merl
02-21-2013, 13:59
As someone who had his ex-wife cheat on him, it is not a criminal matter. There should be no law against it. It is a civil matter on so far as it influences the divorce proceedings, violation of contract.

As far as it breaking up families and all that. Adultery is generally a symptom of something wrong with the family, not the cause.

lowbeyond
02-21-2013, 14:01
criminal matter? fuck that

whitbaby
02-21-2013, 14:04
My opinion is probably clear from the biased form of rhetorical questions. What do y'all think?

I'd think as long as it wasn't an Assault Affair or a semi-automatic Affair or didn't involve more than 15 trysts at a time...it should be fine.

;->

Great-Kazoo
02-21-2013, 14:07
criminal matter? fuck that

Only if someone pulls the trigger.

Ghosty
02-21-2013, 14:10
Wow, people are getting PAID with MY tax $$, to come up with ways to waste more money on useless shit like this? Criminalizing adultry will make our schoolchildren safer from death by incoming meteors, right? The logic just boggles the mind...

http://www.lakeandtheriver.com/public/style_emoticons/default/suicide.gif

Clint45
02-21-2013, 14:15
The problem with Adultery (outlawing extramarital sex) statutes is that they are just as bad as Sodomy and Fornication statutes (outlawing oral sex or premarital sex). They are all moralistic religious based laws typically punishing those who believe differently with felony convictions. They are also unfair because they are rarely and selectively prosecuted, usually as a punitive measure or to discredit someone.

Tinelement
02-21-2013, 14:37
Wife screws around with a dude, and I catch them.........

night night

OneGuy67
02-21-2013, 14:39
18-6-501. Adultery

Any sexual intercourse by a married person other than with that person's spouse is adultery, which is prohibited.

HISTORY: Source: L. 71: R&RE, p. 449, § 1. C.R.S. 1963: § 40-6-501.

Editor's note: This title was numbered as chapter 40, C.R.S. 1963. The substantive provisions of this title were repealed and reenacted in 1971, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this title prior to 1971, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume. For a detailed comparison of this title, see the comparative tables located in the back of the index.

Editor's note: This title was repealed and reenacted in 1971. For historical information concerning the repeal and reenactment, see the editor's note following the title heading.

ANNOTATION

Annotator's note. Since § 18-6-501 (http://web.lexisnexis.com/research/buttonTFLink?_m=74f0c76213953f53495867d585e4b7e6&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDAT A%5bC.R.S.%2018-6-501%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=2&_butInline=1&_butinfo=COCODE%2018-6-501&_fmtstr=FULL&docnum=5&_startdoc=1&wchp=dGLbVzt-zSkAz&_md5=767109392e545bcd25e8c6d430238813) is similar to former C.L. § 6837, a relevant case construing that provision has been included in the annotations to this section.

Purpose of section. This section is designed to prohibit and punish the disgraceful and scandalous conduct of those who would, by their evil and immoral example, debase and demoralize society. People v. Bright, 77 Colo. 563, 238 P. 71 (1925).

Jury determines weight of evidence. In a criminal prosecution for adultery under former provisions of this section, if there was sufficient evidence to justify the jury in finding that the parties lived together in an open state of adultery, the court erred in dismissing the case, since it was for the jury to determine the weight of the evidence. People v. Bright, 77 Colo. 563, 238 P. 71 (1925).


There is no penalty for this violation if found guilty.

This is an archaic statute that along with several others, should be deleted from the books. I'm very much for streamlining the statutes and cleaning out dead weight.

Mountain Man
02-21-2013, 18:30
It is not currently a criminal matter. The law is on the books but there is no criminal penalty. No one can be charged with it. It should have been removed long ago. Kagan is an idiot because he made coments that law enforcement use it as an excuse to pry into peoples personal lives. He is a moron. At least his stupidity is doing the right thing even if its for the wrong reason.

Clint45
02-21-2013, 18:56
In a few Southern states, "Fornication" charges could be brought against a man and woman, not married to one another or anyone else, who spend the night in the same house even if no sexual act occurs. Until repealed in most states, "Sodomy" charges could be brought against a married couple for engaging in consensual oral or anal sex in the privacy of their own home. Prosecutions were extremely rare, but the laws remained on the books.

rbeau30
02-21-2013, 19:36
We already have way top many laws as it is. Althought it sucks and I am a victim of this issue, I do not believe that the solution to every problem is to make a law against it.

bogie
02-21-2013, 19:45
Wife screws around with a dude, and I catch them.........

night night

But a chicks okay????? [ROFL1]

Irving
02-21-2013, 22:19
Breach of contract at the most.

DHS, just because there are mass shootings, is no reason for all other areas of life to grind to a halt until mass shootings are addressed. I felt like your opinion of the matter reaches in a few areas. For example, no, I do not agree that removing a law is tacit acceptance of the behavior.

Goodburbon
02-21-2013, 22:20
Legislating morality does not work.

Aloha_Shooter
02-22-2013, 10:46
It's not something I would encourage prosecution over but I also don't see a case for repeal. The fact someone has made it a priority to repeal this law rather than tackle our government overspending, fixing the burn areas before the spring/summer rains create erosion and flooding problems, etc. tells me quite about about their agenda and own morals.

Dave_L
02-22-2013, 11:32
Eh, they should make it a law that if you cheat and it results in a divorce, you get absolutely 0 from the spouse. Spouse takes 100% of everything.

spqrzilla
02-23-2013, 20:09
Prosecutions are not merely "rare", they are unconstitutional.