Michigan Courts: Life in Prison for Adultery

From Detroit Free Press

In a ruling sure to make philandering spouses squirm, Michigan's second-highest court says that anyone involved in an extramarital fling can be prosecuted for first-degree criminal sexual conduct, a felony punishable by up to life in prison.

"We cannot help but question whether the Legislature actually intended the result we reach here today," Judge William Murphy wrote in November for a unanimous Court of Appeals panel, "but we are curtailed by the language of the statute from reaching any other conclusion."

"Technically," he added, "any time a person engages in sexual penetration in an adulterous relationship, he or she is guilty of CSC I," the most serious sexual assault charge in Michigan's criminal code.

See source for complete article.

I wonder how many staunch religious hypocrites are going to claim that life in prison is an equitable sentance for adultery. Certainly there are understandable reasons for some adulterous affairs. Particularly when some spouses will hold sex over the head of the other and deny them that. It happens.

I would tend to seek counciling or even termination of the relationship before engaging in anything extramarital. I just don't understand how in any case life in prison should be the punishment of that crime. Unless, maybe, one person gave the other AIDS or something, while trying to conceal it from the spouse. Even then, I dunno.

So they throw them in jail and then they have prison sex the rest of their lives........
....scary. And then, I'm almost afraid to ask, but what do they do to them if they catch them having prison sex?

Originally posted by TrueAmerican


I wonder how many staunch religious hypocrites are going to claim that life in prison is an equitable sentance for adultery.

Seems like quite a coincidence that the law will now punish adulterers with life in prison after they elect a muslim to public office doesnt it? I wonder how long before they will implement sharia law and begin stoning people. They will probably be forcing women to wear burkhas and have executions in footbal stadiums.

Originally posted by XphilesPhan
after they elect a muslim to public office

Who? Someone in Detriot? Someone in Michigan? Forgive me for not knowing the religion of Detroits public officials, but can you specify?

To the OP: What if a couple's marriage is understood to be 'open'? A marriage license does not say that the couple must be monogamous. What is this implicit rule being forced on people who marry? Where is it written?

Originally posted by rocknroll
And then, I'm almost afraid to ask, but what do they do to them if they catch them having prison sex?

Why but of course, time for execution by stoning to death. Central Park, maybe?

Xphiles, roger that. I could live without pork in my diet, but damn, I just couldn't live without a good dose of GirlsGoneWild. Once in a Wild.

And BH, that does pose an interesting question. Wouldn't it be a trip if that actually happened to an open marriage couple, and because the law says so, they spent life in prison despite being happily married. You'd hope at least they'd be put in the same cell.

[edit on 15-1-2007 by TrueAmerican]

Ok you might think that adultery is a victimless crime but read this.

I was married faithfully for four years. My wife left me for annother man. We have a three year old son together. Instead of trying to make things work she started living with another man greatly confusing my son. The pain I had to go through was like a punnishment itself. Knowing the woman I loved is living with someone else.

For someone like me that isnt violent, this law brings about some much needed justice in my opinion. That woman not only hurt me emotionaly but confused my son greatly. I am glad that at least in Michigan these people are now being held accountable for their actions.

Lawyers whenever you get a divorce will tell you not to start dating anyone, why? because it goes to show low moral charactor. In Florida where I live it is actualy illegal for someone who is married to live with a person of the oposite sex that isnt their spouse.

So yes in a way this law is extreme, but if you think of the people these adulterers hurt, then you might understand that for those innocent people a law like this is a breath of fresh air. At least its a way to get some much needed closure.

least one for the other side of the fence.

Originally posted by whatukno
Ok you might think that adultery is a victimless crime but read this.

For someone like me that isnt violent, this law brings about some much needed justice in my opinion. That woman not only hurt me emotionaly but confused my son greatly. I am glad that at least in Michigan these people are now being held accountable for their actions.

Are you for real?

Does it state in the marriage contract that you will be monotonous ? Whoops.. monogomous? Or is that something that should be dealt with between you and your wife? Not everyone is religious, and therefore there should be no religious edict that is applicable under law in terms of "faithfulness" to a spouse.

There are other ways of doing it, ya know?

So yes in a way this law is extreme, but if you think of the people these adulterers hurt, then you might understand that for those innocent people a law like this is a breath of fresh air. At least its a way to get some much needed closure.

Have you thought of it from any other perspectives?
Not the law, but the issue of monogomy?

Originally posted by whatukno
Ok you might think that adultery is a victimless crime but read this.

I was married faithfully for four years. My wife left me for annother man. We have a three year old son together. Instead of trying to make things work she started living with another man greatly confusing my son. The pain I had to go through was like a punnishment itself. Knowing the woman I loved is living with someone else.

For someone like me that isnt violent, this law brings about some much needed justice in my opinion. That woman not only hurt me emotionaly but confused my son greatly. I am glad that at least in Michigan these people are now being held accountable for their actions.

Lawyers whenever you get a divorce will tell you not to start dating anyone, why? because it goes to show low moral charactor. In Florida where I live it is actualy illegal for someone who is married to live with a person of the oposite sex that isnt their spouse.

So yes in a way this law is extreme, but if you think of the people these adulterers hurt, then you might understand that for those innocent people a law like this is a breath of fresh air. At least its a way to get some much needed closure.

least one for the other side of the fence.

I would not go as far as to say adultery should be a crime, but people should be able to have a civil cause of action for adultery. If you were damaged psychologically or financially from adultery, you should recoup damages based on a breach of contract or fraud. For example, if a wife cheats on her husband, giving birth to a child that is not biologically her husband's, the husband should be able to sue for any monetary or psychological investment he made towards the child under the false pretense the child was biologically his.

Originally posted by whatukno
The pain I had to go through was like a punnishment itself................
For someone like me that isnt violent, this law brings about some much needed justice in my opinion..............At least its a way to get some much needed closure.

You know, I'm gay, so I doubt if this law would ever effect me, but man, I feel your pain. People have no idea the amount of damage and pain they can inflict upon someone by cheating. Adultery can ruin peoples lives....completely break their spirit; trash 'em for good. I've been there (in the gay sense at least). I got cheated on 11 years ago, and still have been trying to glue my life back together ever since. I seriously feel like I lost a good 11 years of my life because of the pain I went through. And what of my ex? He just moved on screwing one thing after another........if I could have thrown him in jail for awhile, it really would have felt like sweet justice.......it's not nice to walk on those you love you and are committed to you...........remember the wedding vow, "Til death do you part......" Whatever happened to that? Marriages are getting to the point where it's like why bother? 56% end in divorce. I think cheating is wrong and I'd never do it to someone if I loved them. If you're unhappy, have the balls to break it off, and not sneak behind someone's back and stab them in it.

Anyway, this law is gonna make alot of people in Michigan think real hard about who they are marrying, and I also think you'll see the divorce rate drop there slightly.

[edit on 15-1-2007 by rocknroll]

Originally posted by parrhesia

Originally posted by whatukno
Ok you might think that adultery is a victimless crime but read this.

For someone like me that isnt violent, this law brings about some much needed justice in my opinion. That woman not only hurt me emotionaly but confused my son greatly. I am glad that at least in Michigan these people are now being held accountable for their actions.

Are you for real?

Does it state in the marriage contract that you will be monotonous

? Whoops.. monogomous? Or is that something that should be dealt with between you and your wife? Not everyone is religious, and therefore there should be no religious edict that is applicable under law in terms of "faithfulness" to a spouse.

There are other ways of doing it, ya know?

So yes in a way this law is extreme, but if you think of the people these adulterers hurt, then you might understand that for those innocent people a law like this is a breath of fresh air. At least its a way to get some much needed closure.

Have you thought of it from any other perspectives?
Not the law, but the issue of monogomy?

Ok we will deal with your first idea monogomy. Well I guess I was wrong only I was suposed to be monogomous I guess she was alowed to do as she pleased. Or rather whom. I guess that people should promise one thing and do another. No honor no respect. Doesnt matter what you swear to you should just be able to go against it at will. I see your point.

and yes durring the ceremony we both said "I do" to the part of... For better or worse richer or poorer in sickness and in health FORSAKING ALL OTHERS for as long as we both shall live. So yes we agreed to be monogomous to each other. BTW we got married in a court not a church.

Mariage isnt neccessaraly a religious edict it is a contract a life long legaly binding contract and my ex broke that contract. lots of people get out of this contract. But there is usualy a price to pay.

Our understanding was that it was just going to be us two. We wernt swingers. we well, at least I didnt break that promise that I made to her on our wedding day. If you think about it. I made a promise both in a legaly binding maner, a moraly binding maner, and in an honorably binding manor. I took these vows seriously. Aparently she didnt.

What is worse is that she not only broke her promise to me but she is also setting a horrible example for our son. It would be better if she had not left me for another guy but to bring that unknown element and expose him to my son is also wrong. How confusing is it for a young person to see mommy kissing another person that isnt daddy?

So yea I think I have thought about this from a lot of diffrent ways. It would have been diffrent if we mutualy decided to separate but it wasnt that way.

Originally posted by parrhesia
Are you for real?

Are you a cheater?

Originally posted by parrhesia
Does it state in the marriage contract that you will be monotonous

? Whoops.. monogomous?

If monogamy is monotonous why would you want to get married in the first place?
What's the point? Tax breaks? Why not just stay single if monogamy bothers you.

Originally posted by parrhesia
Not everyone is religious, and therefore there should be no religious edict that is applicable under law in terms of "faithfulness" to a spouse.

You don't have to be religious to be stung and damaged by the pain of adultery.

Originally posted by parrhesia
There are other ways of doing it, ya know?

Again, why marry? So you can be hip? Be a swinger? Be a sexual glutton?
If you want more than one, why marry? It doesn't make sense at all....unless you're a whore, a polygamist, a sex addict, a nympho? Why would you need more than one sexual partner to satisfy you? Selfishness? Boredom? Uncontrolled lust?

And please don't tell me "variety is the spice of life".....

[edit on 15-1-2007 by rocknroll]

Originally posted by whatukno
I guess that people should promise one thing and do another.

She may have broken the VOWS she made with you, but there is nothing in the legal contract of marriage that stipulates monogamy. You can't usually take legal action because someone broke their promise to you. Verbal contract??? That's going to be pretty tough.

I don't believe the law should legislate morality in any sense and that's what this does.

Originally posted by rocknroll
Again, why marry?

There's also no requirement for people to explain why they get married. That's a personal choice. People get married for a variety of reasons. Not just to 'secure' monogamy.

Ah but in florida there is...

798.01 Living in open adultery.--Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.

O nline Sunshine

a marriage is not a verbal contract its a legal contract. Believe me I know.

I believe the law in michigan gives some much needed justice to people that have been wronged. It isnt wrong for people to fall out of love with each other. If that was the case then I would be against that law along with the rest of everyone. But people that have been wronged by a cheating spouse need some sort of justice. I don't believe in getting angry and being violent or stupid but I believe that wrongs need to be righted.

The Florida law is rather weak but it is a law.

[edit on 15-1-2007 by whatukno]

Originally posted by Benevolent Heretic
There's also no requirement for people to explain why they get married.

It's been awhile since I heard two people got married to screw eachother over, backstab, and commit adultery.

Originally posted by Benevolent Heretic
People get married for a variety of reasons.

Maybe I'm living under a rock, but I always thought people got married because they loved one another. This always seemed like a good reason to me. Any other reason always sounded like a bad idea....but in our screwed up world today, nothing surprises me. Gone is respect, loyalty, trust, honor, faithfulness, committment...and people wonder why most marriages don't last. HELLO!

Originally posted by whatukno
It isnt wrong for people to fall out of love with each other. If that was the case then I would be against that law along with the rest of everyone. But people that have been wronged by a cheating spouse need some sort of justice. I don't believe in getting angry and being violent or stupid but I believe that wrongs need to be righted.

I totally agree. There has to be justice.

Originally posted by rocknroll
I totally agree. There has to be justice.

A lot of people think that adultery doesnt hurt anyone. They couldent be more wrong. A broken heart is a very painfull expirence. Especialy when you vow to be with someone forever.

Have that person you love take themselves away from you and one is only left with the pain of that loss. The suffering of the feelings of inadequacy (SP) and the anger for the person that is taking your place.

A lot of people take a moraly low ground and take revenge on the person or persons for these feelings. I am not that way. I am one that feels that if you love someone let them go. I didnt say that I had to like it. and that I wouldent try and find the right way to handle it.

By making it a legal issue it gives people the way to get some justice the right way.



[edit on 15-1-2007 by whatukno]

Relax folks, no one's claiming that it shouldn't be punishable, or stating that adultery doesn't cause great pain. The question here is: should it be punishable by life in prison. Now that to me is, needless to say, too severe, in pretty much most if not all cases. Unless you live in Iran, that is.

In the strict sense of the OP then no I don't agree that it should be a crime punishable by life in prison. No I don't agree with that. Lable the adulterer a sex offender yes, but life in prison no.

Originally posted by whatukno
A broken heart is a very painfull experience.

It's horrible.
I can actually deal with death (another form of loss) much easier than being cheated on. I've lost people I loved to accidents, disease, etc. But that pain cannot compare to having a love betray you.....it's the most emotional debilitating pain in the world. I always wondered why they equated the heart with love....well, when you get your heart broken you can actually feel the pain emanating from the center of your body....where your heart is.