Adultery, an ancient crime that remains on many books
When David H. Petraeus resigned as director of the C.I.A. because of adultery he was widely understood to be acknowledging a misdeed, not a crime. Yet in his state of residence, Virginia, as in 22 others, adultery remains a criminal act, a vestige of the way American law has anchored legitimate sexual activity within marriage.
In most of those states, including New York, adultery is a misdemeanor. But in others — Idaho, Massachusetts, Michigan, Oklahoma and Wisconsin — it is a felony, though rarely prosecuted. In the armed forces, it can be punished severely although usually in combination with a greater wrongdoing.
This is yet another example of American exceptionalism: in nearly the entire rest of the industrialized world, adultery is not covered by the criminal code.
Like other state laws related to sex — sodomy, fornication, rape — adultery laws extend back to the Old Testament, onetime capital offenses stemming at least partly from a concern about male property. Peter Nicolas of the University of Washington Law School says the term stemmed from the notion of “adulterating” or polluting the bloodline of a family when a married woman had sex with someone other than her husband and ran the risk of having another man’s child....
comments powered by Disqus
- New Hampshire professors at odds with library over discarded books
- Troubled history fuels Japan-China tension
- Independent Scotland's last gasp forgotten in Panama jungle
- LBJ was the ‘most-threatened president in American history’
- New exhibit at the World War I Museum ... Over by Christmas: August-December 1914
- Ken Burns on Colbert to promote his new documentary, "The Address"
- UC Santa Barbara History Department featuring a series on the Great Society at 50
- Historians are trying to recover censored texts from World War I poets
- Diane Ravitch blasts the NYT for failing to understand the controversy over Common Core
- Mormon history professors debate atheists in bid to foster greater understanding