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Why isn't adultery illegal in the UK?

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Reply 20
Original post by CombineHarvester
Consensual incest is illegal.


That's not even true. Incest is legal, marriage unfortunately isn't due to prejudice.
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.


Is this a joke?
Reply 22
Original post by Stefan1991
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.


I said that if you don't think it should be a crime, should you be able to sue for it?

Original post by Libertinedreamer
Is this a joke?


Wouldn't you be pissed if your husband or wife cheated on you?
Reply 23
Original post by Hopple
I said that if you don't think it should be a crime, should you be able to sue for it?


No, how can you sue for something when you haven't lost anything? Adultery just makes getting a divorce easier.
Original post by Einheri
It should be considered breach of contract. Marriage is, afterall, a legally binding contract.


Well I wouldn't say it's a legally binding contract as such, it's more like a pledge or promise to each other. This might mean to some that it is morally wrong and irresponsible to break this promise or pact, however if there is a reason that you might think circumstantial like a man falling in love with another women who perhaps he might have already slept with, I don't see why a man should be punished for that. It just seems absurd.

Original post by CombineHarvester
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.


That's right it isn't legally binding, nor should it be. The marriage vows are more of a pact between two people and it is not uncommon for pacts to be broken. Like I said above, if circumstances arise where a person can't hep but act in a way which breaks said pact (after all we are only human) then I think it is somewhat absurd that we should be punished.

Also it's not the job nor the business of any authorities to act in such a way.
Original post by Hopple
I said that if you don't think it should be a crime, should you be able to sue for it?


Generally people don't need to sue because of it as usually the "victim" would get a sum anyway from the divorce settlement. Unless of course a pre-nup has been signed.
Reply 26
Original post by Stefan1991
No, how can you sue for something when you haven't lost anything? Adultery just makes getting a divorce easier.


People can sue for sexual harrassment when they haven't lost anything material. Why not for emotional damages, maybe psychiatric help to overcome trust issues etc.
Original post by thunder_chunky

Original post by thunder_chunky

That's right it isn't legally binding, nor should it be. The marriage vows are more of a pact between two people and it is not uncommon for pacts to be broken. Like I said above, if circumstances arise where a person can't hep but act in a way which breaks said pact (after all we are only human) then I think it is somewhat absurd that we should be punished.

Also it's not the job nor the business of any authorities to act in such a way.


Well it shouldn't be a part of the marriage requirement then, currently if you want to get married in a registry office you have to say a number of vows and then sign a contract afterwards. It makes it a bit pointless.
Reply 28
Original post by thunder_chunky
Generally people don't need to sue because of it as usually the "victim" would get a sum anyway from the divorce settlement. Unless of course a pre-nup has been signed.


Do you think it should be that way?
Reply 29
Original post by Hopple

Wouldn't you be pissed if your husband or wife cheated on you?


Pissing someone off shouldn't be a crime, that is the most stupidest thing I've ever heard.
Reply 30
Original post by Stefan1991
Pissing someone off shouldn't be a crime, that is the most stupidest thing I've ever heard.


Read what I responded to your earlier post with.
Reply 31
Original post by Hopple
People can sue for sexual harrassment when they haven't lost anything material. Why not for emotional damages, maybe psychiatric help to overcome trust issues etc.


Sexual harassment is physical and in the workplace. Completely different from hurting someones feelings in your personal life.
Original post by Hopple
Wouldn't you be pissed if your husband or wife cheated on you?


I am married and if my wife cheated on me I would be pissed, but I wouldn't want a load of scorned couples wasting the courts time and possibly filling up already over crowded prisons. If you think they should then maybe emigrate to Iran?
(edited 13 years ago)
Reply 33
Because we're not a totalitarian state.

When you get married, you promise to be faithful (I think??) and if you break those vows all you're doing is breaking the terms of the marriage meaning that you have reason to terminate it.

I'm sure adulterers get enough punishment without the law stepping in too.
Since when does the state control its citizens' morality?
(edited 13 years ago)
Original post by CombineHarvester
Well it shouldn't be a part of the marriage requirement then, currently if you want to get married in a registry office you have to say a number of vows and then sign a contract afterwards. It makes it a bit pointless.


No. Whilst it is contractual in a way it isn't in the legal sense. If people do stray I don't see why they should be punished for it. Again it's human nature it's what humans do, why punish them for it.
It could be easily seen as a crackdown on one's freedom.
Original post by Hopple
Do you think it should be that way?


What way?
Reply 37
Original post by Lack of Creativity
Since when does the state control its citizens' morality?


Well it enforces it's own version of outdated morality, making things like cannabis, prostitution and incestuous marriage illegal.

However if adultery ever became illegal that might be the last straw.
Reply 38
Original post by Stefan1991
Sexual harassment is physical and in the workplace. Completely different from hurting someones feelings in your personal life.

Not necessarily physical, and not completely different for the purposes of this discussion. How about bullying in the workplace?

Original post by Libertinedreamer
I am married and if my wife cheated on me I would be pissed, but I wouldn't want a load of scorned couples wasting the courts time and possibly filling up already over crowded prisons. If you think they should then maybe emigrate to Iran?

I needn't be faced with the dilemma of accepting something happily and leaving the country to question something.

Original post by thunder_chunky
What way?


That you can get some sort of financial penalty for being unfaithful.
Original post by Hopple

That you can get some sort of financial penalty for being unfaithful.


As I said, no because in most cases people get money anyway as a result of the divorce procceedure.
Not only that but I don't think a person should be obligated or even force morally or legally to give compensation just because they had an affair with someone else. I think that's silly. I'm not saying people don't have the power to restrain or control themselves, but sometimes if you really can't help yourself and you have an affair I don't see why you should get punished for it as such.

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