January 15, 2007
BY BRIAN DICKERSON
FREE PRESS COLUMNIST
In a ruling sure to make philandering spouses squirm, Michigan's second-highest court says that anyone involved in an extramarital fling can be prosecuted for first-degree criminal sexual conduct, a felony punishable by up to life in prison.
"We cannot help but question whether the Legislature actually intended the result we reach here today," Judge William Murphy wrote in November for a unanimous Court of Appeals panel, "but we are curtailed by the language of the statute from reaching any other conclusion."
KaiGywer From United States of America, joined Oct 2003, 12027 posts, RR: 43 Reply 2, posted (6 years 4 months 1 week 3 days 4 hours ago) and read 1743 times:
That's just a messed up law. Comparing adultery to CSC1....ridiculous.
AirCop From , joined Dec 1969, posts, RR: Reply 3, posted (6 years 4 months 1 week 3 days 3 hours ago) and read 1697 times:
Appears just another case where the state legislature passed a bill (probably written by someone on a cause) without reading or understanding it. It shocking the number of time legislators will vote on a bill without reading it, instead their vote is based on a quick summary or that someone asked them to vote one or another.
Futureualpilot From United States of America, joined exactly 13 years ago today! , 2561 posts, RR: 8 Reply 4, posted (6 years 4 months 1 week 3 days 2 hours ago) and read 1693 times:
So if two consenting adults choose to have sex, they can be put away for life simply because one or both are married? Well f*ck me, and here we were thinking allowing homosexual marriages would "destroy the sanctity of marriage." This is just dumb.
Jamotcx From United Kingdom, joined May 2004, 1037 posts, RR: 28 Reply 5, posted (6 years 4 months 1 week 3 days 1 hour ago) and read 1657 times:
Hmm interesting law. And to be honest with you I feel a good law. I've known few people where the other half has cheated. As far as I'm concerned the cheater deserves to be punished. At least end the marriage or relationship before having sex with someone else.
LHMARK From United States of America, joined Jan 2000, 7255 posts, RR: 51 Reply 6, posted (6 years 4 months 1 week 3 days 1 hour ago) and read 1647 times:
Wow how ironic is it that this whole thing was triggered by Attorney General Mike Cox?
"Sympathy is something that shouldn't be bestowed on the Yankees. Apparently it angers them." - Bob Feller
DrDeke From United States of America, joined Jun 2005, 830 posts, RR: 1 Reply 9, posted (6 years 4 months 1 week 2 days 21 hours ago) and read 1563 times:
Quoting LHMARK (Reply 6): Wow how ironic is it that this whole thing was triggered by Attorney General Mike Cox?
CF188A From , joined Dec 1969, posts, RR: Reply 10, posted (6 years 4 months 1 week 2 days 21 hours ago) and read 1548 times:
sorry can someone tell me how that law differs from somalias if you dont pray 5 times a day you will be beheaded? Adultery will always happen now the Government is playing God? How cute
AirframeAS From United States of America, joined Feb 2004, 14150 posts, RR: 26 Reply 14, posted (6 years 4 months 1 week 2 days 8 hours ago) and read 1453 times:
Isn't adultry committed on a daily basis?! Stupid law if you ask me.
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KaiGywer From United States of America, joined Oct 2003, 12027 posts, RR: 43 Reply 15, posted (6 years 4 months 1 week 2 days 8 hours ago) and read 1437 times:
While we're on the topic of adultery. Minnesota has kind of a screwy law:
609.36 ADULTERY.
Subdivision 1. Acts constituting. When a married woman has sexual intercourse with a man
other than her husband, whether married or not, both are guilty of adultery and may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
Subd. 2. Limitations. No prosecution shall be commenced under this section except on
complaint of the husband or the wife, except when such husband or wife is insane, nor after
one year from the commission of the offense.
Subd. 3. Defense. It is a defense to violation of this section if the marital status of the woman
was not known to the defendant at the time of the act of adultery.
So basically, a married woman can only have sex with her husband. A married man though, can have sex with any woman, as long as she is not married
CF188A From , joined Dec 1969, posts, RR: Reply 16, posted (6 years 4 months 1 week 2 days 5 hours ago) and read 1399 times:
the world of Bible thumpers..... great! I am sure God gave them the power to make all these wonderful laws which will govern my life. Screw them God I love Canada.
CastleIsland From , joined Dec 1969, posts, RR: Reply 17, posted (6 years 4 months 1 week 2 days 4 hours ago) and read 1389 times:
Here's a good quote:
'Cox's spokesman, Rusty Hills, bristled at the suggestion that Cox or anyone else in his circumstances could face prosecution.
"To even ask about this borders on the nutty," Hills told me in a phone interview Saturday. "Nobody connects the attorney general with this -- N-O-B-O-D-Y -- and anybody who thinks otherwise is hallucinogenic."'
I didn't realize that some people are actually drugs capable of producing hallucinations.
Searpqx From Netherlands, joined Jun 2000, 4343 posts, RR: 12 Reply 18, posted (6 years 4 months 1 week 2 days 4 hours ago) and read 1378 times:
Quoting CastleIsland (Reply 17): I didn't realize that some people are actually drugs capable of producing hallucinations.
I don't know which is worse, that you're enough of a geek to catch that misuse of the word, or that I'm geeky enough to think it was funny?
Before people get too wound up about the US and its puritanical sexual mores, as AirCop pointed out, this is probably more of a case of unintended consequences than it is to legislate adultery. Lets be honest now, adultery is all but accepted in the world of politics these days. Long gone are the days of Gary Hart and the Monkey Business.
"The two most common elements in the universe are Hydrogen and stupidity"
CastleIsland From , joined Dec 1969, posts, RR: Reply 19, posted (6 years 4 months 1 week 2 days 4 hours ago) and read 1376 times:
Quoting KaiGywer (Reply 15): While we're on the topic of adultery. Minnesota has kind of a screwy law:
Now you're just being redundant.
Quoting Searpqx (Reply 18): I don't know which is worse, that you're enough of a geek to catch that misuse of the word, or that I'm geeky enough to think it was funny?
KaiGywer From United States of America, joined Oct 2003, 12027 posts, RR: 43 Reply 20, posted (6 years 4 months 1 week 2 days 4 hours ago) and read 1371 times:
Bushpilot From South Africa, joined Jul 2007, 0 posts, RR: 1 Reply 22, posted (6 years 4 months 1 week 2 days 4 hours ago) and read 1358 times:
Quoting KaiGywer (Reply 15): So basically, a married woman can only have sex with her husband. A married man though, can have sex with any woman, as long as she is not married
A case of institutionalized sexism there. Sad this happens still. I cant believe that one hasnt been changed around.
Quoting Searpqx (Reply 18): this is probably more of a case of unintended consequences than it is to legislate adultery.
This is more or less correct. Laws are written, and voted on, and often times not read thoroughly by those voting on it. A word here, a comma there and the meaning is skewed. I have the feeling this will be re-written ASAP.
WellHung From , joined Dec 1969, posts, RR: Reply 23, posted (6 years 4 months 1 week 1 day 22 hours ago) and read 1305 times:
Let's say husband and wife decide to have some fun with a third party and videotape it for posterity. If the couple have a falling out, can each use the tape to send the other to prison for life?
Molykote From United States of America, joined Aug 2005, 1336 posts, RR: 30 Reply 24, posted (6 years 4 months 1 week 1 day 13 hours ago) and read 1262 times:
I'm not advocating life in prison for this offense, but....
...following the link below I could certainly see some form of compensation being owed toward a betrayed spouse by both the cheating spouse and/or his/her other "partner".
Although the context (employment) of the link below is certainly different than that of marraige, this link does detail specific "emotional distress" criteria and the compensation that has been received for each. I'd have to imagine that an adultery victim could make a legitimate claim (by "emotional distress" standards) for many of these items.
Is anyone aware of any cases where "emotional distress" was invoked in a case of adultery? Has the concept of a "verbal contract" ever been played out with marraige vowels?, etc?
I have some ideas on the whys and why nots of this scenario. However, I am not a lawyer and would be interested in any input from those more educated in this regard than myself.
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25 Saintsman: Whilst not always the case, adultery is usually a result of the other partner not meeting the former's needs. If you can't get it at home you will loo
26 FlyboyOz: Well I think that MI is the largest chrisitian community. I know lots of christian friends who live in MI.
27 RichardPrice: Sure the cheater needs to be punished, but not by the criminal legal system - if the hurt spouse feels she is due some sort of justice, then she can
28 Itsjustme: True. Not that many of us live in Michigan.
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