Shocking as it may seem, several state legislatures have statutorily defined adultery as a crime. Under some statutes, both parties to an adulterous relationship are guilty of a crime if either of them is married to someone else. Other statutes provide that the act is criminal only if the woman is married.
Under the law of some states, one act of adultery constitutes a crime, whereas in others, there must be an ongoing and notorious relationship. The punishment set by statute may be greater for an individual who engages in repeated acts of adultery than for one who commits an isolated act.
Under some statutes, a prosecution for adultery can be brought only by the spouse of the accused person although technically the action is initiated in the name of the state. Other states provide that a husband or wife is precluded from commencing prosecution for adultery since those states have laws that prohibit a husband or wife from testifying against his or her spouse. In such states, a complaint can be filed by a husband or wife against the adulterous spouse's lover.
Although adultery is a crime in many states, the prosecution of offenders is rare. The legal system of the United States is currently reevaluating crimes such as adultery in light of the question of whether or not it is expedient to use jail time and fines to punish consenting adults for their sexual activities, even when family stability is threatened.
IMO, adultery should not be dealt with in court. It is a personal issue that should be resolved between the married persons involved. I also think that if you play the game... you need to realize you will eventually pay the price.
2006-10-15 11:58:20
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answer #1
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answered by ImNotTheBrightestCrayonInTheBox 3
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Illegal? No, as it doesn't cause you any physical harm. If we outlawed every morally questionable act that hurt other people's feelings we'd be forced to stay indoors just to keep out of prison.
If I were married (or even just committed) and my wife cheated on me I would look at the circumstance and decide. I don't have a rule to apply to the situation that is an absolute. I've cheated in the past and while it's wrong and not excusable, I do understand the desires. It would depend on a lot of factors, but most likely it would destroy the trust and the relationship would probably end.
2006-10-15 11:33:13
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answer #2
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answered by GrayTheory 4
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No, it shouldn't be illegal or prosecuted. I believe that we are all human and therefor faulty. I would try to understand why they cheated and figure out a way to resolve the problem.
If the my SO didn't love me anymore, then I would just agree to break-up; even if that meant divorce. If my SO still loves me, but wants something more from time to time, I would suggest an open-marriage with conditions (i.e. condoms must be used with others, the SO will be informed as to who is being slept with and where, etc).
If you find these options intolerable, then seek professional help from a therapist, minister, or the like.
2006-10-15 11:33:01
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answer #3
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answered by Kevin k 7
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I consider adultery an act of betrayal that is so serious that it is just below murder and rape in terms of its gravity. It is not a prosecutable offense in this country. No one in this country goes to jail for adultery. Only in theocratic regimes, such as exist in the Middle East, is adultery punishable by rule of law.
Now should it be a prosecutable offense where a martial relationship is involved? I don’t think so. The government should not get involved in the private lives of people. What I would like to see happen though is American society start to stigmatize adulterers like it used to 100 years ago. One of the primary reasons why adulterous behavior is so rampant today, is because society has become so accepting of the practice. No matter how much you lower your standards; you will always find someone who will lower themselves beneath them.
2006-10-15 11:27:41
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answer #4
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answered by Lawrence Louis 7
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I don't think that is should be illegal or prosecuted. I think the person who is being cheated on should get up and move on. Comes around goes around. Good lord will know what to do with them. This is a moral issue, not a legality issue.
2006-10-15 11:28:11
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answer #5
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answered by Finance Genius 2
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It should not be illegal and certainly should not be prosecuted.
It's a terribly hurtful thing for the people involved, but it's not a crime. And the military needs to quit prosecuting people for being human.
2006-10-15 11:22:31
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answer #6
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answered by KERMIT M 6
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adultery has to do with love & trust which are morral issues instead of legal ones. In anchant times the church wood brand an adulter on the forhead, today people don't have the morality to care. Becides any sex out of wedlock is adultry so most people are gilty anyway. Probbly wven you.
2006-10-15 11:36:22
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answer #7
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answered by Ellen 3
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I just can't understand why people are so secretive about it. If you're not happy and choose to sleep around--GET OUT for pete sake! That being said, maybe it should not be illegal, but it certainly should be subject to lawsuit by the 'cheatee'. The cheater is putting their significant other at risk for disease and for that they should pay!
2006-10-15 12:18:28
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answer #8
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answered by Cherie 6
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I've never been cheated on, but I can imagine it sucks. But I don't think it should be illegal! It's ridiculous to think that the government has enough power over us to decide who and who we cannot sleep with.
2006-10-15 13:37:51
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answer #9
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answered by Kate 3
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It's a personal matter and therefore nothing to do with the state, so no, not illegal. However would you trust someone who has broke that trust?
2006-10-15 11:20:20
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answer #10
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answered by SteveUK 5
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