Lawmakers might decriminalize infidelity

New Yorkers will be able to cheat on their spouse without the fear of breaking the law

New York lawmakers are set to repeal more than a century of law that has made adultery a crime in the state.

Legislator Charles Lavine introduced a bill that repealed a law passed in 1907 to reduce divorce rates. At that time, adultery was the only reason allowed for divorce.

However, the law is still in force today, and adultery is considered a misdemeanor punishable by up to three months in prison^[1].

"This outdated law criminalizes sexual behavior between consenting adults. It is high time it was removed from the penal code. If the law is not enforced, there is no reason why it should remain," says Ch. Levine, noting that since 1972, only thirteen people have been charged under this rarely used law, and only five have been convicted.

The most recent charge of adultery in New York was brought in 2010 against a woman who was caught having sex in a public park. However, the offender escaped punishment with a plea bargain, so the charge was dropped.

This is not the first attempt to repeal the law. It was almost repealed in 1960, but when the amendments were passed in the Assembly, one of the legislators decided against the changes because of fears that it would appear that the state itself was encouraging adultery.

The bill has now been approved by the Assembly by a large margin, with 137 New York State legislators voting in favor and only ten against. The bill now goes on to the State Senate, where it is likely to be adopted, but before it can be signed by the Democratic Governor of New York, Kathy Hochul^[2].

The US is one of the few high-income countries that still criminalises adultery

Laws prohibiting adultery are still in force in a few American states, although they are relatively rare in practice. New York is now likely to become the latest state to decriminalize adultery.

Colorado, New Hampshire, Idaho, and Utah have already done so. On the other hand, Wisconsin, Michigan, and Oklahoma continue to make adultery a serious crime.

South Dakota even still has a law allowing a married person who has been betrayed to sue another man or woman with whom his or her partner has had an affair. This law dates back to the 17th century as part of English common law, when women were considered the property of men. In 2002, South Dakota made the law gender-neutral so that women could sue other women, whereas previously, only men could sue. Such lawsuits can result in fines, and in 2002 a surgeon had to pay as much as USD 400 000 to a married man for having an affair with a married woman.

However, Boston University law professor Katharine B. Silbaugh argues that the criminalization of adultery is an ineffective, virtually unenforceable law, which is more often used as a punitive, deterrent, and controlling tool in relationships and is particularly often directed at women^[3]. Moreover, legal experts also question whether the criminalization of adultery is generally consistent with the US Constitution.

In some parts of the world, infidelity can lead to death, not just a fine or a trial

Adultery is no longer a crime in any European country, but in some other parts of the world, adultery still has legal consequences, such as fines and prison sentences. This is particularly true in areas where the law is influenced by religion, such as some Middle Eastern countries that follow Sharia or Islamic law. In such cases, adultery is often punishable not only by legal penalties, but also by imprisonment or even physical punishment.

For example, the Indonesian government does not have laws on adultery, but most of the country is Muslim and follows Sharia.

In the independent Indonesian province of Aceh, the government has even created a law that prohibits being alone with someone of the opposite sex to whom you are not married or related. This is supposedly an attempt to protect against even the possibility of circumstances leading to adultery.

In the Philippines, however, men and women who have sex outside their spouse face imprisonment. The person with whom they cheat on their spouse also faces prison. Women who cheat on their spouses and are arrested can be imprisoned for up to six years, and men for up to four and a half years. A man who has been unfaithful to his married partner can also be imprisoned for four years.

In Taiwan, infidelity can lead to four months in prison. A decade ago, Taiwan's Ministry of Culture announced that it wanted to abolish the law, but a 2013 public poll showed that 82.2% of Taiwanese people want the law to remain in force.

In Brunei, meanwhile, there is a law that makes adultery punishable by death. An addition to the penal code, based on Islamic law, provides that offenders will be stoned in front of witnesses^[4].

However, there was a huge international outcry when the law was passed, and the Sultan of Brunei, Hassanal Bolkiah, declared that the law would not be enforced and that it was only in keeping with the tradition of the death penalty being allowed in this small country, although it has never been executed.