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Reply 1
"Oh, so we were in a relationship? At the time in question? Prove it."
Reply 2
Profesh
"Oh, so we were in a relationship? At the time in question? Prove it."


Good point. But it shouldn't be impossible to prove. Written evidence. Photos. Whitness reports. And of course paying detectives to follow you around to gather evidence of you together. The law has ways around everything :smile:
Reply 3
Yeah why not, the buggers :biggrin:
Reply 4
bunthulhu
Yeah why not, the buggers :biggrin:


lol :biggrin:

Seriously though, it is possible (and common) to sue people for mental distress caused for other actions (such as for example, telling someone that their mum had died when she had infact not) so why can't that legislation apply to cheating? :confused:
Reply 5
cant we just push them down the stairs?
i suppose you could try and get a case for it but i doubt it would stand up in court.
Cheating is part of life. Just let it go and don't plot "revenge".:rolleyes:
Nah, it would be too easy to abuse the system. You could start seeing someone, call it a relationship, then set up a honey-trap, get him to cheat, and then sue him for everything he's got. Could make a career out of it actually. Good plan!
Reply 8
dh00001
cant we just push them down the stairs?
i suppose you could try and get a case for it but i doubt it would stand up in court.


What makes you say that? We sue for other, more difficult to prove acts such as negligent misstatement.

qwerty_st/n
get him to cheat


How would you *get* him to cheat exactily?
It is illegal in some states of America.

For example, in Pennsylvania, adultery is technically punishable by 2 years of imprisonment or 18 months of treatment for insanity ... in Michigan... adultery carries a potential life sentence. In Maryland, adultery is punishable by a fine of ten dollars


I don't think cheating should be made illegal.

Perhaps in some circumstances (having an ongoing affair or ongoing sexual relations within marriage) then a criminal record would seem justified because it's such a cruel thing to do.

But then I don't think it should ever be punishable by a prison sentence, that would so impractical in terms of making over crowded prisons even worse.

So I guess a fine would seem more sensible, but if a couple is married then the chances are they would have a joint bank account, so they would effectively be suing themselves. Lol.

If they would be eligable to being sued post-divorce then this is not likely to be a good idea because divorces are costly anyway. I think in a divorce then if one partner has cheated and therefore been the main contributor to the breakdown in the marriage, then perhaps this could be taken into account when deciding how the wealth should be split between the 2 parties. So in a way the partner is compensated without the need to sue.

If you consider the amount of immature 15 year old who kiss other people when they have a bf/gf... it would be terrible to give them a criminal record for it, but it could happen. :s-smilie:
Reply 10
Vampyrcorn


Perhaps in some circumstances (having an ongoing affair or ongoing sexual relations within marriage) then a criminal record would seem justified because it's such a cruel thing to do.


No to prison but I cant see the harm in paying compensation to the person you have mentally destressed via your cheating?

Vampyrcorn

but if a couple is married then the chances are they would have a joint bank account, so they would effectively be suing themselves. Lol.


Not necessarily so. It will simply mean that the cheater gets less money from the divorce settlement.

Vampyrcorn

If you consider the amount of immature 15 year old who kiss other people when they have a bf/gf... it would be terrible to give them a criminal record for it, but it could happen. :s-smilie:


Inreresting point re: a possible age limit.

This is all speculation of course. I simply wanted to hear everyone's opinion :smile:

BTW nice sig :wink:
If you get married you should have something about cheating writtern into a pre-nup.

For example, if under any circumstances either party cheats during the course of the marriage (with sufficient evidence) that party shall forfit their rights to any earnings/property etc aquired throughout the course of that marriage and the 'victim' shall have full ownership of cars/furniture etc aquired throughout the course of the marriage.

I dont mean that all pre-nups should be so extreme, but that was just an example to highlight what I mean :smile:
Reply 12
If we were able possibly sue someone for cheating how would we be able disprove/prove that the other half of the relationship were completely faithful aswell?

Would this open up other types of emotional distress which we could sue upon?

If we were to sue for cheating, would a contract need to be drawn up between both parties agreeing that they both in a relationship together?
Reply 13
pjamesg
If we were able possibly sue someone for cheating how would we be able disprove/prove that the other half of the relationship were completely faithful aswell?

Would this open up other types of emotional distress which we could sue upon?

If we were to sue for cheating, would a contract need to be drawn up between both parties agreeing that they both in a relationship together?


A contract doesnt have to be written in law to have legal effect. It can be vocal or even implied.
Reply 14
Tufts
A contract doesnt have to be written in law to have legal effect. It can be vocal or even implied.



If this kinda of legislation were to come into effect, do you think there would be a sudden influx off implied relationship's unbenown to the other person involved, with actions swamping the civil courts, thus turning it into a farce
Reply 15
pjamesg
If this kinda of legislation were to come into effect, do you think there would be a sudden influx off implied relationship's unbenown to the other person involved, with actions swamping the civil courts, thus turning it into a farce


It would take substancial evidence to prove that a relationship existed.
Reply 16
Tufts
It would take substancial evidence to prove that a relationship existed.


There would have to be a quota i guess that would have to be filled, which would make the relationship in the eyes of the law viable....i wonder how what would be done.....4 dates together? 6 months together?
Reply 17
Tufts
lol :biggrin:

Seriously though, it is possible (and common) to sue people for mental distress caused for other actions (such as for example, telling someone that their mum had died when she had infact not) so why can't that legislation apply to cheating? :confused:


A lie is a lie; all that need be proven is the mens rea. However, there is an obvious difference between "Hah, I cheated on you!" [where the 'distressor' effectively shoots themselves in the foot by simultaneously evidencing not only that their behaviour is intended to harm, but also that it is consonant with the nomenclature; a pre-emptive admission: "I cheated on you."] and "Oh, my God, he cheated on me!" [whereby any 'distress' is endemic in the victim's perception, a notion that may or may not resonate with its alleged 'perpetrator'; and which, reverting to your analogy, suggests something more akin to "Oh, my God, he intended to imply or otherwise for me to infer that my Mother had died when she had, in actual fact, not!"]. Moreover, the ethical tincture of that panoply of inter-personal dynamics which persist outside marriage and yet are, in effect, comparable is ever-evolving and highly subjective; hence marriage, whereby a relationship becomes enshrined within and effectively predicated by contract, whereby the ethical bearing of all subsequent conduct is clarified, crystallised, synchronised and mutualised; and thereby justiciable. Indeed, the very fact that a couple are not married may militate against one or other partner for litigative purposes: if you trust someone sufficiently that the prospect of being cuckolded never impinges your contemplation (such that any possibility of your being 'cheated upon' would not have brooked anticipation; such that it could not have been reasonably foreseen, nevermind whether or not your partner was cognisant of that misapprehension), why did you not marry; or could it be that you tacitly acknowledged the intrinsic frailty of your quasi-marital arrangement?

Such a system would be susceptible to exploitation and abuse in much the same fashion as current legislation pertaining to 'rape', which hangs upon a notion of 'consent' that is itself spurious insomuch as it must be almost invariably construed or abstracted, retroactively, from convoluted and morally ambiguous circumstances.
Reply 18
No you shouldn't be able to sue someone who cheats on you, it is very distressing to be cheated on but it would be too complicated.
I don't think cheating should be illegal. At what stage would it be illegal to cheat? How would you know when 'seeing someone' became a relationship? What if one person thought it was a relationship and the other thought it was just 'seeing'?

anyway, on this topic, I think a marriage proposal used to be a valid contract - so if you broke off your engagement, the other party could sue!

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