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Adultery - Criminal Laws

evidence sexual party accused

Several state legislatures statutorily prohibit 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 many states, a single 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.

Defenses An individual who has been charged with committing adultery may have a valid legal defense, such as the failure or physical incapacity to consummate the sex act.

A woman is not guilty of adultery if the sex act resulted from rape. Some states recognize ignorance of the accused regarding the marital status of his or her sexual partner as a defense. In a few jurisdictions only the married party can be prosecuted for adultery. If the other party to the relationship is not married, he or she may be prosecuted for fornication instead of adultery.

Initiation of Criminal Proceedings 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.

Evidence Customary rules prescribe the types of evidence that can be offered to prove guilt or innocence. There must be a showing by the prosecutor that the accused party and another named party had sexual relations. Depending on state statutes, the prosecutor must show that either one or both parties to the adultery were wed to someone else at the time of their relationship.

Evidence that the defendant had the chance to have sexual relations coupled with a desire, or opportunity and inclination, might be sufficient to prove guilt. Photographs or testimony of a witness who observed the couple having sexual intercourse is not necessary. The fact that a married woman accused of adultery became pregnant during a time when her husband was absent might be admissible to demonstrate that someone other than her spouse had the opportunity of engaging in illicit sex with her.

Letters in which the accused parties have written about their amorous feelings or clandestine encounters may be introduced in court to support the assertion that the parties had the inclination to engage in sexual relations. Character evidence indicating the good or bad reputation of each party may be brought before the jury. Evidence of a woman's sexual relationships with men other than the party to the adultery generally cannot be used; however, if her reputation as a prostitute can be demonstrated, it may be offered as evidence.

Suspicious activities and incriminating circumstances may be offered as CIRCUMSTANTIAL EVIDENCE.

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about 4 years ago

i have a affair to 27 yr old guy,the man has a family..he has 2 kids...he told me that he loves me.and now we i have a 4th months baby.but he's married to others and now im worried that if his wife may know it and demand me..what would be do in that case..t.y

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over 4 years ago

my wife is having an affair with her foreigner boyfriend, in fact she didn't go home to us anymore, they bought a new house in her own place. she abandoned me and her 2 daughter.her twin told me everything what she saw and what she knew about my wife, coz she is living with them also, she said she cant take what she sees in there.we are still married at this very moment.she communicates me only for the kids.and she said shes working for our annulment.can you give me an advice on what to do.? can i file a against her.what will i get?can i demand to her allotment for my kids?.can she take the kids away from me?no one on my family side knows about this.so pls help me

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about 7 years ago

I would like to ask you for some advice regarding my husband who committed adultery and still do up to now while we are still maried.Coming christmas, he will be going to the Philippines to be with his mistress while he is atill officially maried to me.I have a lot of evidences to forward to court if I wanted a divorece but what I really wanted is for him to suffer from what he is doing.He's been giving her a lot of money from the money that we both worked so hard for the past 19 years and I think it is unfair for him to do that.Please advice and thank you.

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over 3 years ago

i m a foreigner.i visit to phillipines becoz of my friend there now her husband case me as a adultary.now tell me wt i do now ?

plz as earlier as possible the right advise plz thanks

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over 4 years ago

My wife im sure is having an affair with her ex husband they go to at every day and at night whern she gets off work. she has even paid for his hotel room where he stays the man is a dead beat dad to his own kids and i dont want him around mine we have a 2 yr old girl together i wish there was something i couyld do or someon to help me.

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over 3 years ago

i m a foreigner.i visit to phillipines becoz of my friend there now her husband case me as a adultary.now tell me wt i do now ?

plz as earlier as possible the right advise plz thanks

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over 3 years ago

i m a foreigner.i visit to phillipines becoz of my friend there now her husband case me as a adultary.now tell me wt i do now ?

plz as earlier as possible the right advise plz thanks

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almost 4 years ago

What is wrong with all of you?? Love the one you are with. Work together to stay together. If it can't be saved, that dosn't give anyone the right to be unfaithful even if you hate each other.Do the right thing, which is to work with each other to end it to ease each others pain. You both owe that to one another out of respect for another - for they were a big part of your life and some pain never heals. When the marriage or relationship is over then you can look for another to be involved with but not untill it's over with the person you are currently with!! Start treating each other the right way and stop messing up this world we all are trying so hard to be happy in. Love is hard to find. You found it at some point. Respected that person so in short respect your self by doing things right to solve your unhappiness and then you can look at your self in the mirror and even face God without the shame you brought onto yourself. Those who cheat and break down good people are a virus in this world which is spreading and killing all we have been taught and valued if the quest to find love and companionship in our lives.

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over 4 years ago

i have an affair to a 57 year old guy and i am a 16 year old student.the guy has a family but he and his wife are seperated,not legal but they are not living in the same house their relationship is on and off all of his children are now in legal age.before we had a relationship their relationship is not good or its not working well.however,my problem is here my mom wants to complain and wants the guy to have an case.i wanted to go with him or i would to go away from my mother's side.what do you think would happend or what will be the case that they may be going to demand?i hope you can help me.thank you

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almost 5 years ago

I am currently going through a similar situation. My soon to be ex has done things to make Tiger Woods blush and a judge slap the cuffs on him. We were not married for 19, but we do have a minor child. He uprooted us from our home to live with him overseas, then when I found out about prostitutes, under-aged girls, selling and purchasing fake medicine, he dropped up off to live in with my family who already has a full home. Now keep in mind, he is a fairly high ranking government official to top this all off but thats only the tip of the iceberg on the things he has done and continues to do. He is power drunk and became a fat fish in a rain puddle. Either way, divorce seems best for your situation as he has already chosen the the 20% woman over the 80% Wife. It doesnt matter the reasons he did it as he is old enough to understand that he could have simply told you his intentions and left the marriage before he was lead by his small head. With that said, if you need help to get over the emotions of losing the life you once thought you had, seek that help through family, friends, and professionals if you so need it. And don't worry or TRY to make him suffer. Trust me when I say, he will suffer most when him and his little girlfriend see the side affects of adultery..and that is when you and your attorney hit him in the wallet for everything that is due to you and your children.

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about 5 years ago

if you want him to suffer, obviously the marriage isn't going to hold.
there will be a legal separation eventually.

if you want to punish him, speak with an attorney, present your evidence. they'll advise you on your case.

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over 5 years ago

wtf sort of advice is that to give to someone...she has every right to feel the way she does and you nor anyone else can tell her different..she is the victim not the criminal, and yes i feel for her cus she gave everything to this man her heart her life...and then he and the hoe just completely destroyed her world...but sister an eye for an eye is not the way to go ok!! if he had done it once then you could forgive...but if he is always doing it then devorce him,i know this is not what you want to hear but a leapard will never change his spots and he wont stop cus he is having to much fun having his cake an eating at your expence...take care ok and let him go,he is obviously not the man you knew or married all that time ago...

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over 5 years ago

my advice you is to get over yourself and move on with your life. seeking to punish your husband will do nothing for your sense of loss or your self esteem, it will only increase your bitterness and poison your warped mind still further.

get your self a boy friend and start enjoying life and stop your mourning of a failed marraige.

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6 months ago

i have affair with a boy.we are in a relationship last two yrs.he promised me to marry with me.last week i came to know that he is already married and hv child.i want to file a case against him. but i dont want to involve my family in this matter.pls guide me.

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6 months ago

hi im 21 yrs I have a long time partner and Im pregnant right now but we are not merried : and he made a mistake there is another womer who accidentally got pregnant by my partner and she is just 16 yrs old >_< pls help me

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over 2 years ago

i really thought that the man i love is out of my reach but with the help of dr_k_healer_of.all_brokenheart@solution4u.com, it became possible to completely have him in a matter of 3 days, my dream has turned in toreality

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over 2 years ago

i really thought that the man i love is out of my reach but with the help of dr_k_healer_of.all_brokenheart@solution4u.com, it became possible to completely have him in a matter of 3 days, my dream has turned in toreality

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over 3 years ago

I would like to know if I can have the married woman prosecuted in Pennsylvania? Also, can I have old cell phone messages and text messages subpoenas for evidence, if I read her proclaiming her undying love?

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over 3 years ago

to all asking USE YOUR COMMON SENSE!!!
speciall the 16 year old girl having a relationship with a 57 years old man that is still married.. once again USE YOUR COMMON SENSES!!!!!