Why isn't adultery a crime?
Find answers to your legal question.
Why isn't adultery a crime?
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After all, it was laid down in the Commandments... It IS a crime by Shari'ah law (if I'm not wrong), but I feel Shari'ah law has its flaws as well. Shan't comment on them though.
We all agree that adultery is a sin. But why isn't it punishable by Western law? Additional Details Forgot to add that I'm actually atheist but I think there's something wrong about allowing people to be unfaithful and get away with it...
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Barney Against Bigots
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Luckily many laws are made from common sense, and not from the bible. That is why we live in a democracy, not a theocracy. |
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cub6265
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All personal ethics are not governed by the laws of the land. Relationships are personal in a free nation and is the discretion of the individuals how they behave and handle things.
I'm not sure what draws the line, as obviously, violent crimes are very different and need to be controlled in order to protect life. |
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aewrh alve
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The commandments are a religious piece of text, and the United States' law system is not based on any one religion. |
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Tom Jr
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It is in the military. It's punishable by a maximum of dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year. |
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seasailorwife
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Actually, in many places in the states it is, it's call alienation of affection. But most people don't pursue it, because it's actually a civil matter, not a criminal one, so you have to a) know if there's a law on the books in your state, b) have the time, money and inclination to pursue it, and c) find a lawyer that would take the case/ have enough background in both contract law (which, in essence, is what a marriage is - a contract) and, specifically, divorce law.
But, as slimey as it is, and as immoral as it is, it's ultimately, at it's stripped down, morals aside, bare minimum, a violation of a contract, and that's not a criminal offence, it's a civil one.
(which is not to say that I personally think it's repulsive, and that someone who doesn't have the self control to keep their pants up or at least have the integrity to admit they're slime and at the very least leave their spouse before jumping into bed with someone else isn't a slime, but, being a slime isn't something we can lock people up for....) |
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girl afraid
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Because adultery is immoral, not illegal. If you made it a crime, where would you draw the line? Throwing people in prison for cheating at cards? For throwing a sickie at work? I'd rather die than live under religious law.
I have always wondered though, since marriage vows constitute a verbal, if not written agreement (what with the certificate and all), couldn't you sue a cheating spouse for breach of conract? |
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Cherry_Blossom
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If we based Law on just the commandments, then anyone who did not believe is Christ would never be guilty. That is why there is separation between church and state. |
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moonchild1808
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This is because adultery is committed by 2 consenting adults so it is not a crime. Unless it is committed between an adult and a minor...then it is a crime and it is call 'rape'...
Cheers... |
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Mandy
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Adultery, while not a crime in Canada, the offender could still be liable to civil action that may prove more costly than any criminal court could award. |
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Dat MrE Guy
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It used to be, but do you really want the courts to decide what is immoral vs what is acceptable? Do you want to be told you cannot date outside your race, because it is some zealot's idea of 'morality', or be told how to practice religion, as they do in the mideast, even to the possible penalty of death? Slippery slope, that one. |
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Anmont
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You would be tackling the impossible. How would this be enforcable?
To your point about adultry, gluttony is also laid down in the 10 commandments. Is this also a crime? While previous law is a foundation for existing law we have the freedom to excersize our choices, and the enforcement of such a law would be contradictory to our constitutional rights.
It is a victimless crime (a mutually consenting occurence between two parties, in which the 3rd party suffers but is not the victim of an act against them). However, as the result of these actions are a violation of an areement between man and wife and causes suffering it is punishable in a civil court. But the most difficult factor of these occurances is in the pudding... Proof.
Its not a soul warming answer, and I feel strongly about adultry, but it should not be law. |
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answersBeta2.1
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Actually, I believe some states have laws about adultery still on the books, but enforcement is problematic. Most westerners would prefer to keep police out of their bedrooms, even if there are plenty who want to put them in other people's. Plus, adulterers frequently get punished in divorce court.
And about the Commandments, there's one that says you're not to worship any other gods before the one god (he's jealous after all), and you're not supposed to make graven images, yet the very first item on the bill of rights says have at it. |
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mamadixie
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Thank God I do not live in a country that enforces laws like this. (Some states do have a law against adultry on the books)
We are still a free nation
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Candace
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It is not illegal because it is not up to the law to govern what is ethical or not. You need to understand that not everyone follows the same beliefs as you. This country was founded on the right to practice whatever religion you want, say what you want, you have all these rights. You can not prevent others from their pursuit of happiness. Even if its your spouse's love. I'm not saying its right, I'm just saying, once you start to make rules that govern the way people should behave ethically you start to play with the foundations on which our country was built. Best bet, surround yourself with ethical people, and remember that everyone doesn't live up to your high ethical standard. |
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d b
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It is not a crime because if it were....70% of married men and %60 percent of married women would be in jail. |
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cantcu
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It is in a lot of states but not enforced as over 50% do it!
We don't write laws on what the bible says!!
Besides, you think the Bible says Thou shalt not kill!", which it doesn't say at all!!! |
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Bob
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It's very simple. Because there aren't enough jails to hold all these people in. |
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Jmyooooh
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Well, lying is a sin as well.....
Now, wouldn't we all end up in jail?
I say chop off his balls and call it even! |
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anabanana
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That is EXACTLY what I've always wondered and thought should be done. It hurts people as much as any other crime if not moreso. I agree with you 110%. |
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airmonkey1001
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How can you talk about sins when you're not even religious? I think you have been betrayed by your wife and are now looking for revenge.
People make mistakes and I find the, idea of making adultery a crime extremely frightening, you say you are an atheist but you are still brainwashed by religion. If you want adultery to be a crime, go and live in Iran. |
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devora k
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Go prove it. It can get nasty and scar children deeply. It is really a matter of he says, she says. |
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