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Divorce
- Thread starter Sam1588
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Zigner
Senior Member, Non-Attorney
Adultery is the act of a married person having intercourse with someone who is not their spouse. Why would or should the third party be charged with a crime? They're not married to you, thus they have no obligation of faithfulness to you. Your spouse is the one who made vows to you.
The law of virginia states that it is in fact a crime to commit adultery, however I'm doing research to find out if the third party involved can be charged with this crime as well.
not2cleverRed
Obvious Observer
Whether or not it is still on the books as a crime is immaterial.
What matters is if a prosecutor would be interested. They rarely are.
Adultery is still on the books so that it can be used against the adulterous spouse in a divorce. However, the adulterous spouse can plead the 5th, making it a non-issue. Adultery, as defined by Virginia code, only legally affects a married person. https://law.lis.virginia.gov/vacode/title18.2/chapter8/section18.2-365/
Perhaps you are thinking of "alienation of affection", but that a civil thing, not criminal, and was abolished in VA law over 50 years ago.
What matters is if a prosecutor would be interested. They rarely are.
Adultery is still on the books so that it can be used against the adulterous spouse in a divorce. However, the adulterous spouse can plead the 5th, making it a non-issue. Adultery, as defined by Virginia code, only legally affects a married person. https://law.lis.virginia.gov/vacode/title18.2/chapter8/section18.2-365/
Perhaps you are thinking of "alienation of affection", but that a civil thing, not criminal, and was abolished in VA law over 50 years ago.
PayrollHRGuy
Senior Member
§ 18.2-365. Adultery defined; penalty. Any person, being married, who voluntarily shall have sexual intercourse with any person not his or her spouse shall be guilty of adultery, punishable as a Class 4 misdemeanor.
Only a married person can commit the crime.
Only a married person can commit the crime.
So it is a crime to commit adultery in the state of Virginia, however no crime or charges can be brought against the third party?
Just Blue
Senior Member
Who are you in this situation?
A friend of mine has been having an affair with a married Man and now the wife is threatening to charge her with a crime because she knew the Man was Married.
Zigner
Senior Member, Non-Attorney
The wife is hurt and angry and is lashing out. It is perfectly understandable, but her threats are not based on the law.
She’s a good person, she’s just made a bad decision.
Well the wife has a lawyer and the lawyer sent papers to my friends house stating something about emotional distress
Zigner
Senior Member, Non-Attorney
Then it sounds like your friend needs to seek legal counsel.
Yes, this is true however how would that help when she’s in the wrong by having the affair?
Zigner
Senior Member, Non-Attorney
If she has been served with legal documents, then she needs legal counsel. You (or us) guessing won't do a darned bit of good.
This is true. Thank you for your straight forward advice Zigner!
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