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Today's Poll: Do you believe adultery should be a crime?

By Howard B. Owens
Dave Olsen

There are far too many stupid laws on the books, get rid of this one. You can't legislate morality. You can't force people to behave in a certain manner, no matter how hard all the fascists and statists and socialists and fundamental Christians etc would like to. What if 2 people have decided on an "open marraige" what business is that of anybody else? Some may think it wrong or distasteful, but a crime? Government needs to butt out of private lives, period.

Jun 8, 2010, 8:00am Permalink
bud prevost

The government dictates just about every single aspect of our lives. It has no place dictating morality. Leave that up to parents to teach their kids right from wrong. Obviously, in this latest incident, lack of morals is an issue.
BTW Howard, you got a typo on the address for Johns Service Station :)

Jun 8, 2010, 8:01am Permalink
Frank Bartholomew

The govt. comes up with this stupidity because of the actions of a few, they can't punish a few, so they write these petty laws.Many times it is due to the fear of a lawsuit, because the aclu is making noise.

Jun 8, 2010, 9:31am Permalink
Bea McManis

Posted by Frank Bartholomew on June 8, 2010 - 9:31am
The govt. comes up with this stupidity because of the actions of a few, they can't punish a few, so they write these petty laws.Many times it is due to the fear of a lawsuit, because the aclu is making noise.

New York State's criminal ban on adultery took effect on Sept. 1, 1907. The ACLU was founded in 1920. How can they be responsible for this?

Jun 8, 2010, 9:52am Permalink
Julie A Pappalardo

WOW!! I've been taking advantage of the weather for the past few days and haven't kept up on the news!!!!!

You know, I wrote an "Insights" article in the Batavia Daily News just about 7 years ago regarding same sex marriage. Some guy had written a horrible letter with inaccurate information and needed to be corrected.....THAT being said:

I mentioned in that writing about people in my bar who knew each other for 2 weeks and ran off and got married...meanwhile, I couldn't (and STILL can't after 17 YEARS with the same person)....Well, guess what folks? THIS is the couple that knew each other for 2 weeks and then RAN to the alter.

Apparently if I get married, it will make a "mockery of the sanctity of marriage".

Heteros take marriage for granted and make a mockery of it on a daily basis. This story doesn't surprise me in the LEAST....

AND I want to know why the man wasn't arrested as well?? Even if "he didn't know". If someone "didn't know" or "she lied" about her age, the guy would be arrested anyway....

double standard??

Sorry for the cynicism, I just couldn't help myself on this one.

Jun 8, 2010, 10:21am Permalink
Frank Bartholomew

I was talking about stupid laws in general, as per Mr.Prevost's comment on the govt.dictating our lives. I don't recall challenging when laws were written to the books, or when the aclu was founded. Go to the aclu website, and take a look at some of their open cases, I
would change their name to the un-American civil liberties union.

Jun 8, 2010, 10:36am Permalink
Bea McManis

It is a big leap from a couple in Batavia having sex on a picnic table and moving the conversation to government taking over our lives, let alone making this an ACLU issue.

Jun 8, 2010, 10:54am Permalink
Dave Olsen

The poll question Bea, is about the adultery law not about the 2 idiots. The reason for the hoopla is one of the 2 was charged with adultery, so therefor the question. If the woman was not charged with adultery, the whole thing wouldn't be very newsworthy outside of Batavia. My opinion only, just guessing why Howard saw fit to pose the question. It's not a big leap and if the adultery charge is not dropped this person could call the ACLU and ask why her and not a zillion other people, I bet the ACLU will think it a fair question, I do.

Jun 8, 2010, 11:08am Permalink
Frank Bartholomew

Bea,
Who cares what extremist religous fanatics do in some of these backward countries where women have little or no rights.I never claimed to be against adultry laws, in fact, I agree with Julie P. , that the man should also be charged as well.

Jun 8, 2010, 11:09am Permalink
Howard B. Owens

Some interesting links:

<a href="http://www.nodivorces.org/adultery_law_challenged_aclu">Virginia adultery law challenged as unconstitutional</a>

<a href="http://www.cnn.com/2010/CRIME/01/12/adultery.vote/index.html">New Hampshire considers repeal of 200-year-old adultery law</a>

<a href="http://www.ncfamily.org/stories/070511s2.html">Bill to Abolish Adultery Law Sent to Subcommittee</a>

<a href="http://www.talkleft.com/story/2007/1/16/14124/1795">Life Sentence Possible for Adultery in Michigan</a>

Here's an 1989 in which a legislator <a href="http://news.google.com/newspapers?nid=1499&dat=19891208&id=EhYhAAAAIBAJ… to repeal Wisconsin's 140-year-old law</a>.

Jun 8, 2010, 11:10am Permalink
John Roach

Dave is right. When the couple was caught awhile ago having sex in a parking lot, nobody outside of the area cared one way or the other. But neither of them was charged with Adultery.

Jun 8, 2010, 11:19am Permalink
Julie A Pappalardo

I know that in some states, there are still laws on the books that say:

If you are the "other woman/man" who broke up a marrage, you can be sued in civil court by the spouse!!! I'm WAY too busy today to hunt down the info, bubt for anyone interested.....I'm remembering a case in Colorado (i think) where a woman got a MILLION bucks from the adultress who broke up her marrage!!!

check it out!

Jun 8, 2010, 11:34am Permalink

I think there should be a Stupidity law.

Like having sex in a park during broad daylight, drunk. Forget Lewd or Adultry. Just slap them with the brand new stupidity law. POW! You could make some really good sentences too! Have at it.

I understand where everyone is on this law. Can't say I disagree, but I throw out devil's advocate for a second.

If marriage is a legal status, a contract if you will, in which binds property, credit and finances. Why would an act that violates that contract not be enforced?

Ok that's enough Devil's Advocate. Should you go to jail for Adultry? No that's just silly.

Jun 8, 2010, 12:31pm Permalink
bud prevost

Phil said "I think there should be a Stupidity law. "

I second that motion. Think of the fines the courts could collect for NYS. Could probably be in the black within 18 months.

Jun 8, 2010, 1:14pm Permalink
Wayne Speed

A stupidity law may limit a number of posts on this and many other websites. It would be hard to defend oneself against prosecution when one has given evidence against himself in print.

Jun 8, 2010, 2:34pm Permalink
Jim Rosenbeck

Adultery is a private issue between a husband and his wife. The whole charge is foolish on so many levels. First off I am trying to think of when we last had a Governor that couldn't have been charged with the same crime. Secondly, it seems like a difficult charge to prove here. The woman is saying that no sex act occurred. I understand that people were "witnesses" to this act. But what beyond nudity did they witness? Is there someone that is going to stand up in court and say "Yes your Honor, I moved right up close so as to better observe the actual sexual act." I feel bad for this woman's children. Drop the adultery charge. Vigorously prosecute the public lewdness charge against both of them.

Jun 8, 2010, 4:46pm Permalink
Julie Morales

Here’s a super-sleuth challenge: find all the divorces granted in New York State (public record) on the grounds of adultery since 1907, and determine how many of those adulterers were subsequently jailed and/or fined for, or even charged with, the crime of adultery.

Maybe NYS should charge those defendants who have unjustly gotten away with it since 2005 (I believe the statute of limitations for adultery is five years).

In case anyone is interested, none of the other grounds for divorce in New York State is a crime (although cruel and inhuman treatment could constitute criminal acts, depending upon the circumstances):

- Cruel and inhuman treatment; abandonment (for 1 or more years); imprisonment of defendant for 3 or more consecutive yrs; lived apart for 1 or more yrs.

(http://law.findlaw.com/state-laws/divorce-legal-requirements/new-york/)

Jun 8, 2010, 6:05pm Permalink
Jeremiah Pedro

Roxanna,

the people of this town did not sensationalize any thing.
The regional media did. Furthermore you continued verbal attacks on the people of this town are unwarranted and very telling of your character.

Jun 10, 2010, 2:29am Permalink
jason reese

Many married people, have committed adultery. That's why your getting these ridicules comments. The answer is yes. I never have been married, so i can't commit adultery. First understand the term adultery. Its when a married person, has an non consensual act between another person, whether it be a heterosexual, bisexual or homosexual act, if married individual has that type of non consensual relationship, its adultery. If an married individual has consent, its not adultery.
Remember when a person gets married, there are vows, plus witnesses, break those vows get arrested.
Per the case in Batavia,NY If she would have had consent it would not be adultery, since the reporting of the story, still no consent was given. She was charged correctly.
Part two. Say you have a affair and its not in the public, but the spouse finds out, can the adulterer be arrested, yes. If the spouse wants to file charges because no consent was given the answer is yes.
The moral of the story, get consent or don't commit adultery.

Jul 1, 2010, 11:45am Permalink

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