What Is Adultery?
Adultery is most commonly defined as sexual intercourse by a married person with another person other than his/her spouse. Some states require that in addition to having sexual relations, the two must also be living together to be guilty of adultery.
Is It a Crime to Commit Adultery?
Yes, adultry is a crime in some states. States such as Alabama, Colorado, Florida, Georgia, Massachusetts, Michigan, North Dakota, and Oklahoma still have criminal statutes outlawing adultery.
However, most states today have either abolished these statutes against adultery or will not prosecute people for this crime.
Are Adultery Statutes Constitutional?
Yes. Although most states choose not to prosecute their people for committing adultery, adultery statutes remain valid and constitutional in most cases.
Who May Initiate a Prosecution for Adultery?
Normally it will be the state prosecutor who would initiate a prosecution for adultery. However, some states will allow the spouse of the adulterer to initiate the prosecution.
Who Has the Burden of Proving Adultery?
The state will have the burden to prove beyond a reasonable doubt that sexual intercourse did occur. Mere suspicion and guesses are not enough to sustain a prosecution. The state will also need to show that at least one of the adulterers is married.
Victims of Adultery
If you are a victim of adultery, you may want to contact a family law attorney and the District Attorney's office. If there is sufficient evidence, the District Attorney's office may be able to prosecute the person who committed adultery against you. Family law attorneys can help you if you will like to get divorced.
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Last Modified: 01-17-2014 02:31 PM PST
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