Adultery absurdity

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We have a friend in Detroit who is in the process of filing for divorce. She should use the threat of this to avoid paying him (!!) alimony.

And the real point, why is the government at all interested in marriage, sex, drugs, and similar topics? Can't legislatures find roads that need fixing or something?

Stroll on Halsted

Detroit Free Press - - Adultery could mean life, court finds 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.

The irony is this ruling is directly related to an over-zealous Attorney General Office trying to prosecute a drug case. Ooopsie!

Charlevoix prosecuting attorney John Jarema said he decided to appeal after police discovered evidence that Waltonen may have struck drugs-for-sex deals with several other women.

Cox's office, which handled the appeal on the prosecutor's behalf, insisted that the waitress' consent was irrelevant. All that mattered, the attorney general argued in a brief demanding that the charge be reinstated, was that the pair had sex “under circumstances involving the commission of another felony” -- the delivery of the Oxycontin pills.

The Attorney General's Office got a whole lot more than it bargained for. The Court of Appeals agreed that the prosecutor in Waltonen's case needed only to prove that the Oxycontin delivery and the consensual sex were related. But Murphy and his colleagues went further, ruling that a first-degree CSC charge could be justified when consensual sex occurred in conjunction with any felony, not just a drug sale.

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Felony adultry? WTF? I would laugh, except... nah, I'm laughing.

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This page contains a single entry by Seth A. published on January 16, 2007 8:19 AM.

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