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Why isn't adultery illegal in the UK?

Not that I'm advocating the stoning of adulterers like they do in Afghanistan, but why does the law turn a blind eye to it?

People get seriously pissed off if even a boyfriend or girlfriend cheats on them, but to do it within a marriage is to break vows said in front of (usually) dozens of witnesses.

Should adultery be punished? If not, how about being sued for 'extreme emotional trauma' or something? If yes, what should the punishment be?

Edit: Note that marriage is officially recognised by the law, giving benefits to married couples etc.
(edited 13 years ago)

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Reply 1
People cheat because eastenders tells them to
Because it's none of the CPS' business.

It does come up and can be used in divorce proceedings though.
Reply 3
Because it's not the state's business what two consenting adults do in the privacy of their own home.
(edited 7 years ago)
Reply 4
Different culture...
Reply 5
Not the states bussiness to intefear in ones personal life
Reply 6
because of henry VIII
Reply 7
But marriage is legally recognised, giving tax breaks and the like.
because its ridiculous to tie oneself to a single person throughout the whole life...
Why should the state stick it's nose into peoples personal lives and interfere? No it shouldn't be illegal.
Reply 10
Why is it in the CPS's interest to prosecute? Why should the state interfere?

If a marital contract is broken then it's sorted out in a civil court.
Original post by Hopple
But marriage is legally recognised, giving tax breaks and the like.


.. and you can file for a divorce on the basis that your partner's been unfaithful.

Divorce and assets aside, it's not really the state's place to interfere, especially if you have an open relationship or similar.
Original post by thunder_chunky
Why should the state stick it's nose into peoples personal lives and interfere? No it shouldn't be illegal.


yet the state demands that marriage be officially registered
Reply 13
Original post by thunder_chunky
Why should the state stick it's nose into peoples personal lives and interfere? No it shouldn't be illegal.


Youre right mate , it cant be concern with state or anyone else. Its a personal life and everybody free to be together with his/her couple before marriage. ?f you feel yourself out of place then no any problem about adultery. Its all about way of thinking :smile:
Original post by thunder_chunky

Original post by thunder_chunky
Why should the state stick it's nose into peoples personal lives and interfere? No it shouldn't be illegal.


Consensual incest is illegal.
Original post by KingofSpades
yet the state demands that marriage be officially registered


I guess that's just tradition. Nevertheless it doesn't mean the state should be allowed to caution or punish a person if they commit adultery. Anyway punishing someone for that is so....biblical and outdated. It seems absurd to do that now.
Reply 16
Original post by Hopple
Not that I'm advocating the stoning of adulterers like they do in Afghanistan, but why does the law turn a blind eye to it?

People get seriously pissed off if even a boyfriend or girlfriend cheats on them, but to do it within a marriage is to break vows said in front of (usually) dozens of witnesses.

Should adultery be punished? If not, how about being sued for 'extreme emotional trauma' or something? If yes, what should the punishment be?

Edit: Note that marriage is officially recognised by the law, giving benefits to married couples etc.


Please tell me you're actually joking.

You want to make causing "extreme emotional trauma" an offence? Then you could easily lie and say "oh I've been caused extreme emotional trauma" and get people imprisoned.

Suggesting adultery should be made illegal is ridiculous. Breaking a marriage contract is a civil dispute, not a crime.
Original post by CombineHarvester
Consensual incest is illegal.


True, but I think the OP was talking about generally why isn't adultery illegal?
Since adultery is defined as

extramarital sex that willfully and maliciously interferes with marriage relations;


I don't see why an extramarital affair should be illegal and punishable.
Reply 18
It should be considered breach of contract and therefore suable. Marriage is, afterall, a legally binding contract.
(edited 13 years ago)
Original post by thunder_chunky

Original post by thunder_chunky
True, but I think the OP was talking about generally why isn't adultery illegal?
Since adultery is defined as



I don't see why an extramarital affair should be illegal and punishable.


The only reason I can think of, is because the vows (which you need to say in order to get married legally) were broken, i.e. to remain faithful to your partner but they're not legally binding currently.

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