Should adultery be constituted as a sex crime by the legal system?

[tgg]

Hi,

With the recent media pouncing on the sexual escapades of Tiger Woods, it has got me thinking as to why the legal systems around the world don't treat adultery and cheating as serious a crime as rape and child sex abuse.

I do feel for his wife, and also for other women (and also men) who feel betrayed and violated by him.

Three of the ten commandments are already exercised by the legal system like defamation and purjery ("You shall not bear false witness"), murder and manslaughter ("You shall not commit murder"), theft ("You shall not steal").

Adultery does virtually irreperable damage to relationships. It bears forth anger, distrust, hatred, and in some cases leads to breaking to the commandment against murder.

Tiger Woods is a very lost and forlorn soul whom I think deserved to be dumped from the golfer's association. How on earth he thought he could get away with cheating on his wife for so long is beyond me - is he truly bereft of a conscience?

This is only the tip of the iceberg. Woods has been pilloried as an example, when there are are many, many more people who have done the same things that he has.

Moreover, what can really be done to stop or at least diminish the problem of cheating in our society short of doing a Lorena Bobbit?

 

[SemperFidelis]

Unfortunately I don't think there is a way to stop it. Adultery has been a problem for as long as there has been marriage, and will continue to be a problem, well, as long as humans are around on this earth.

As to reducing it, I really don't know if there is any sure way. Would making it a crime help ? Doubtful. I suspect most cases of adultery are either instances of passion, and not planned or thought out, or cases of some form of addiction (as I suspect in the Tiger Wood's cases), in which case it isn't going to stop adultery any more then criminlising drugs etc. have stopped those things. (BTW, I'm not necassarily saying I don't think it should be criminalised in some way, just that I don't think it would change much).

Unfortunately I think it is one of those evils we are stuck with.

Interested to hear what others think.

Blessings,

Steve

 

[teaspill]

As a victim of rape, I would like to say that adultery isn't treated as a crime as serious as rape because it isn't. In consentual adultery, a person's body is not violated against their will in a vicious power trip. Consentual adultery isn't treated as a crime as serious as child sex abuse because consentual adultery doesn't include tearing the innocence out of a child and handing them a plethora of future insecurities, misery mental disorders that nobody needs. Adultery is consentual, the other two are not; a consentual sex act will never, ever be as awful as a non-consentual sex act, simply because neither party needs to experience the trauma of having a person force themselves upon them in the most demeaning fashion during consentual adultery.

I would also like to point out that our legal system isn't intended to follow the doctrine of the Lord; our legal system is in place to protect the rights and well-being of men and women who are Christian and non-Christian alike. In my opinion, Christianity has no place within federal and state law. This is why it's against the law to opress the religious decisions of an individual. It's for this reason that I don't think that "adultery should be made illegal" should be backed up by the fact that slander, murder and theft are against the law and are also by coincidence part of the ten commandments. These are human morals that, due to our high levels of sentience, would flourish whether or not the Lord had meted out the Ten Commandments.

I do think that there should be a punishment for adultery, though. Marriage, whether a religious marriage or a non-religious marriage, is a commitment. It was designed to be a life-long commitment, and the men and women who don't honour that commitment should be punished. Allow me to go on a legal-high for a moment. The breaking of a contract is illegal by civil law and can be punishable through the Magistrate's, County and Supreme Courts. If a contract is broken unlawfully [divorce and marriage annulment are lawful], monetary compensation can be awarded - people can be sued for breaking a contract.

Now, who can argue that marriage is a contract? It is a verbal contract when vows and "I do's" are exchanged; this can be seen as a binding contract - in the past, courts have awarded monetary compensation to people in a contract where the other party has gone back on their word. This alone should be enough for adultery to be against the law. Beyond that, a contract is signed. A marriage certificate, like a birth certifice, is a legal document. To sign a legal document pertaining to marriage after stating that you will never be unfaithful to your bride or groom is equivalent to signing a contract after agreeing to build Joe Blow's swimming pool for $15,000. Joe Blow can sue you for never building his swimming pool, especially if up-front payment was provided.

Adultery should be classified as a civil offense as adultery is a breach of contract, which is a civil crime [also known as a tort]. When legal action and compensatory action are sought against civil crimes, the plaintiff [the person who was wronged; in this case, Tiger's wife] often received monetary compensation from the defendant [in this case, Tiger]. Occasionally, the defendant will be placed in prison.

In conclusion, our legal system should absolutely be changed to require punishment for adultery; if not for the fact that it's morally disgusting, then for the fact that adultery is a very serious breach of legal contract.

 

[johnbateman]

Interesting discussion, very interesting. God's laws are higher than man's laws. Does this answer it?

 

[DavinMochrie]

Plan to forcibly convert the world to Christianity guys? How? With the sword?

Maybe we should have a new inquisition?

 

[teaspill]

Plan to forcibly convert the world to Christianity guys? How? With the sword?

Maybe we should have a new inquisition?

I fail to see how adultery being classified as a sex crime has anything to do with an inquisition.

 

[Anduril]

Ridiculous idea. A liberal country such as Australia would never accept a law such as this being imposed on their personal lives, no matter how immoral most people think it is, especially Christians.

tgg says he's a liberal in the other thread, but then posts this and another thread quoting Pat Robertson! Talk about flip flopping.

 

[teaspill]

tgg says he's a liberal in the other thread, but then posts this and another thread quoting Pat Robertson! Talk about flip flopping.

So you disagree, but are ad hominem attacks really necessary? I think not; if you intend to be taken seriously in a discussion, an ad hominem attack will only take away from the point you're trying to make.

 

[Anduril]

So you disagree, but are ad hominem attacks really necessary? I think not; if you intend to be taken seriously in a discussion, an ad hominem attack will only take away from the point you're trying to make.

Very true, perhaps I should have created a new thread. Nevertheless I'm sure tgg will come along and explain himself soon enough

 

[teaspill]

Very true, perhaps I should have created a new thread. Nevertheless I'm sure tgg will come along and explain himself soon enough

That's irrelevant; an ad hominem attack has no place anywhere, much less a reasonable discussion about something as serious as the law.

 

[tgg]

Hi all,

I am a liberal in many social/political aspects, but that does not mean to say that I condone behaviours such as cheating and lying or self-abuse.

With adultery, the person who has been violated the most has been Tiger's wife. A woman whom he had to publicly declare to 'love and to cherish' all the days of his life when he was at the alter (that is presuming he was married in a church).

Whilst it is true in theory what 'consenting adults' do is their own business, in reality the picture is not so pretty. His wife did not consent for him to go chasing after other women (and men as recent stories have proved). As children we are punished severely if we tell lies or cheat in games or in exams at school, so why should adults get off with it scot-free?

 

[Anduril]

Hi all,

I am a liberal in many social/political aspects, but that does not mean to say that I condone behaviours such as cheating and lying or self-abuse.

Neither does anyone else here, but that doesn't mean it should be a criminal offence.

With adultery, the person who has been violated the most has been Tiger's wife. A woman whom he had to publicly declare to 'love and to cherish' all the days of his life when he was at the alter (that is presuming he was married in a church).

Can't argue with this.

Whilst it is true in theory what 'consenting adults' do is their own business, in reality the picture is not so pretty. His wife did not consent for him to go chasing after other women (and men as recent stories have proved). As children we are punished severely if we tell lies or cheat in games or in exams at school, so why should adults get off with it scot-free?

A couple of non sequiturs. If things aren't rosy between two consenting adults, it does not follow that it's necessary for courts to become involved.

Children are punished for lying and cheating in order to teach them that their actions are wrong, however I wouldn't say they are punished severely for lying. Perhaps you went to a much stricter school than me.

Cheating in exams is treated seriously for both children and adults, however it is not a crime.

Also I would not say that Tiger got off with it scot-free. His reputation is ruined, he's lost a lot of money in sponsorships, his career is on hold, he's lost his wife, and he has to go through divorce proceedings.

 

[tgg]

Hello Anduril,

The key to making any relationship or marriage work is 'communication'. Many partners today are afraid of communicating their feelings or their sexual likes and desires with their partners because 'I'm scared what they'll say or think of me'.

Rather than confront them they take what they deem to be the easy way out and indulge in them with someone else whom they hardly know from Adam. This is very sad, especially in the case of some of these married men with homo or bi-sexual tendencies who go out to do it with other guys in public toilet blocks behind their wives backs.

I went to Roman Catholic schools all during my childhood and teenage years. I never got into trouble for telling lies, however one of my mates did and the teacher yelled at him so much and took him to pieces that the boy was reduced to tears and he was 14 years old at the time.

Plus you are quite right about Tiger's karma. The Bible states very clearly "As you sow, so shall you reap". He's deserved what he got and frankly I have no sympathy for him.

 

[EnemyPartyII]

No. A thousand times no.

God might have a problem with adultery. Thats fine. It is not the place of the human legal system to try to punish people on behalf of God.

 

[jpcedotal]

Strictly from a legal angle, I believe adultery by either sex automatically forfeits the person from any material gains from the marriage...even if there is a pre-nup. If you cheat, you should walk away with absolutely nothing. If your marriage is over, end it legally...then go find you somebody. Be an adult.

Now, throw children in the mix. I still think the courts should put the kids in the best household. Yes the adultery should be a bad mark, but not to the point where the kids might be put into an unsafe environment....BUT if both parties are pretty much good parents then I do think that adultery can be the deciding factor of which parent gets more custody.

 

[jpcedotal]

No. A thousand times no.

God might have a problem with adultery. Thats fine. It is not the place of the human legal system to try to punish people on behalf of God.

Punish people because they hurt someone else....like their marriage partner and the children.

I think adultery is at least as bad as physical abuse and should carry the same weight in court. The person is destroying the very foundations of what a marriage stands on....trust through love.

If someone hurts another who is innocent at least as far as being faithful, he/she should be punished....period

 

[EnemyPartyII]

Punish people because they hurt someone else....like their marriage partner and the children.

I think adultery is at least as bad as physical abuse and should carry the same weight in court. The person is destroying the very foundations of what a marriage stands on....trust through love.

If someone hurts another who is innocent at least as far as being faithful, he/she should be punished....period

Thats a big assumption there, that ALL adulteries hurt someone.

 

[teaspill]

You know you're reached the bottom of both the intellectual and moral barrels when someone equates a marriage contract to having a swimming pool built.

I would appreciate you making your point without stating that you've reached the bottom of the intellectual and moral barrels with reference to my post. Not only is it rude and uncalled for, but it's upsetting as I pride myself on my intelligence. You have no idea how much reading an attack on my intelligence and my morals hurt me.

 

[jpcedotal]

Thats a big assumption there, that ALL adulteries hurt someone.

All I am saying is be an adult and end the marriage first.

 

[EnemyPartyII]

All I am saying is be an adult and end the marriage first.

What if both spouses don't want to end the marriage?

Personally, I agree that if you really REALLY want to have a relationship with someone other than your spouse, then USUALLY, a divorce first is the way to go.

But mistakes happen, people mess up, heck, somepeople even have open relationships. Do you genuinely trust the law to make such distinctions?