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Diane Dimond

Diane Dimond

Posted: February 27, 2010 12:51 PM

Committing Adultery? You Could Go to Jail

What's Your Reaction:

So, did you notice what I noticed as Tiger Woods delivered his 14 minute nationally televised mea culpa last week? While he was busy admitting, "I was unfaithful. I had affairs. I cheated ..." Tiger failed to mention that he had also broken the law.

Adultery is a crime.

I know that sounds odd and old fashioned. But the truth is that more than 20 states, including Florida where Wood's keeps his primary residence, still have laws on the books against cheating on your spouse.

It's also illegal in North Carolina where disgraced Senator John Edwards recently admitted he'd fathered a child with a long time mistress. And adultery continues to be illegal in South Carolina where Governor Mark Sanford broke his vows to wife, Jenny, and admitted his soul mate was a South American woman with whom he'd been having an affair.

In most of the states with anti-adultery laws those found guilty can be imprisoned.

The crime is generally defined as "those who engage in sexual intercourse with a person who is not the spouse ..." and usually both parties involved in the act are considered to have committed the crime. That means Tiger's fifteen (at last count) gal pals, the Senator's mistress, the Governor's soul mate and even someone engaged in just a one-night-stand could be punished -- if a third party wanted to press the point.

So, what's the prescribed punishment? It ranges from a mere $250 fine in Virginia, to several years in state prison (as well as a fine) in states like Massachusetts, Michigan and Alabama. In Wisconsin adultery is considered to be a Class 1 felony punishable by a fine of up to $10,000 and three and a half years in prison. Members of the U.S. military can also still be charged with adultery and put behind bars.

Okay, I know what you're thinking. The laws may be on the books but they're hardly ever used anymore, right?

That's right. But how long do you think it will take some sharp divorce attorney to get wise?

I predict these very public adultery apologies aren't going to slow down anytime soon. In fact, they've become quite fashionable, expected really, when someone in the public eye gets caught straying. Some lawyer with an extra-vindictive spurned spouse will almost certainly land upon the strategy to force their state to adhere to its anti-adultery law.

I can't fathom a judge in the land that would say a law that's still on the books can be legally ignored. The legislature would have to abolish it first. So, if you're thinking of stepping out on your spouse you might want to check your local law first. If it's already too late for that, you better hope your spouse doesn't hire an imaginative attorney.

But back to Tiger. I wasn't in the room when he made his statement but I was just a mile away in the media holding area in Ponte Vedra Beach, Florida. Some 350 reporters and sports writers were on hand for the event, beamed in via satellite on big screen TV sets. As it began I wondered if Wood's words would be sincere or designed for mere public relations value. Three short sentences within his remarks answered my question.

"I do plan to return to golf one day. I just don't know when that day will be ... Starting tomorrow I will leave for more treatment and more therapy."

For the first time in Tiger Wood's life the game of golf seems not to be the most important thing. He sounded like a man who is truly struggling to get his priorities straight. He said point blank he realizes now that he is not entitled to break the rules with no thought as to who might be hurt by his actions. His wife, two children and his mother have apparently taken center stage in his life.

"It's up to me to start living a life of integrity," he said.

I wonder if he realizes how much of a continuing challenge that will be. It's been widely reported that the billionaire Tiger didn't hesitate to throw money at past paramours in an effort to keep his secrets quiet at all cost. He is surely now a prime target for any unscrupulous woman who's after a celebrity notch on her belt and a potential payoff to keep silent. Gold diggers will have Tiger in their cross-hairs for sure and he'd be well advised to hire a diligent minder, much like Bill Clinton's staff employed a "Bimbo Monitor" for the former president.

Will Woods relapse? Statistics tell us it's likely. Will his wife stick around? It's too early to tell. But at least Tiger had enough character to finally admit the truth, to ask forgiveness and to seek help.

People can change.

 
 
 

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So, did you notice what I noticed as Tiger Woods delivered his 14 minute nationally televised mea culpa last week? While he was busy admitting, "I was unfaithful. I had affairs. I cheated ..." Tige...
So, did you notice what I noticed as Tiger Woods delivered his 14 minute nationally televised mea culpa last week? While he was busy admitting, "I was unfaithful. I had affairs. I cheated ..." Tige...
 
 
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10:18 AM on 03/02/2010
Tiger's escapades has infective us all it seems to some degree. Some people think that what he got into was their business, and they will never like him again, where others couldn't have care less about his private life, they just want him to start playing golf again.

The Media to say the least as been on top of this story from the beginning. What puzzles me about all of this Tigeritis is, are we the public, that wrapped up in our sport figures? Although Tiger is an amazing golfer, he is still a man. I love watching him charge down the 18th fairway, as he energizes us all with his unbelievable talent like no one else can. However in Tiger case did we over do this?

Doesn't all this Tiger Talk remind you of "Chicken Little"? Tiger has somehow shaken our reasoning until we are now thinking the "Sky is Falling", believe me when I say it hasn't. It seems that every sportswriter was not only blindsided by his actions, but also hurt.

Tiger now has come out and spoke his peace so let's now do our part and butt out. We have no business in Tigers business, and never did. Let's put our stones back in our pockets where they belong and keep them there. If there are those that have nothing better to do than to keep Tigeritis going then let's pat them on their backs and tell them they will be all right down the road.
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Peri Lyons
06:18 PM on 02/27/2010
Didn't Tiger's main mistress, Rachel Uchitel, just get a highly paid and prestigious job as a reporter for the "Extra!" TV show?
I don't approve of jail for philanderers, but I also don't approve of richly rewarding women who: 1) Sleep with married men; 2) Sleep with married men and then give interviews about it to all national magazines;
3) Oh, never mind.
Folks? Marriage is very rewarding,but very challenging. It's more fun if you don't cheat. Women? Don't go after married guys. Men? Hands off the married ladies,please.
See? All fixed now.-No,no,don't thank me. Just send money.
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Diane Dimond
Journalist/Author/Columnist- DianeDimond.com
02:55 PM on 03/01/2010
I like your perspective, Peri !
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12:10 PM on 03/02/2010
Correct me if I am wrong, but, I am pretty sure adultery laws only pertain to a married person, and therefore, the mistresses, if unmarried, would not be subject to prosecution for adultery, even if such a law were on the books.

Dictionary:a·dul·ter·y (ə-dŭl'tə-rē, -trē)
Home > Library > Literature & Language > Dictionary

n., pl., -ies.
Voluntary sexual intercourse between a married person and a partner other than the lawful spouse.

That being said, I completely agree with Peri Lyons above, and I applaud
First Reviewer 's comments, above.
05:43 PM on 02/27/2010
While I think the best way to handle philanderers is to NOT handle them, obviously it's hard to screen. But as crowded as the prisons are, jailing them seems highly impractical and judges are right to not use it unless desperate to get someone violent off the street.

If you know someone's a cheater, cut them off. Completely. Sometimes all we've got to correct social problems is social behavior, like ostracism.
05:29 PM on 02/27/2010
I think that this law about adultery may had been used more before divorce was legalized.
Regarding Tiger Woods, I think he is a man with very serious issues. Tiger has confirmed he needs help and that he is receiving rehab to address his issues. Rehab will work for Tiger if he takes it seriously but his recovery will take time and only time will tell if he is able to do this. Tiger is trying to put his life back together to save his marriage and he has a right to do so. Tiger should only return to golf when he is recovered enough to prevent relapses, for his own sake and the sake of his family.
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Diane Dimond
Journalist/Author/Columnist- DianeDimond.com
02:56 PM on 03/01/2010
Couldn't agree with you more, Clog. I hope he does turn his life around - now THAT would be a good story! ~ DD
03:21 PM on 02/27/2010
Mrs.Dimond, I do appreciate your larger point, but you're quite misunderstanding the legal system. Judges frequently overturn laws that are deemed unconstitutional. In fact, it is one of their most important functions in the system of checks and balances - this keeps the legislature from overstepping their bounds and passing anything they want to. Many, many anachronistic laws are still on the books because they are practically useless in reality since any decent lawyer knows they would simply be overturned on challenge. The same thing goes with all these adultery laws.
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Diane Dimond
Journalist/Author/Columnist- DianeDimond.com
02:59 PM on 03/01/2010
I hear you - but I'm still betting some divorce lawyer will soon press the case for prosecution. Either because their client is extra vindictive or because they'd like the publicity. And, judges don't "deem laws unconstitutional." They can make a controversial ruling that is then appealed up the judicial chain ... but a single judge can't sudden strike this or that law from the books.
02:13 PM on 02/27/2010
What is a "modern day journalist" as the author describes herself?

How is it different than any other journalist?
04:11 PM on 02/27/2010
The answer to the question: What is a "modern day journalist" as the author describes herself?

How is it different than any other journalist?

The answer is: A degree in journalism. Ms. Dimond does not possess one.
05:25 PM on 02/27/2010
Touche!
05:26 PM on 02/27/2010
I'd add that a journalist has to go out to investigate, cultivate sources, build trust with those sources to obtain information. Notice the use of the plural "sources" since more than one source is required to confirm the information before it can be used.

A modern day journalist writes a check to anyone who crawls out from under a rock with a story. No time is wasted on verification or that nasty fact checking. Just write the check and report whatever the person sells.

Before believing someone's reporting, consider the background. Anyone working for an organization paying (e.g. Ms. Dimond's employer Entertainment Tonight) should be viewed with a healthy dose of skepticism.

A Modern Day Journalist is someone who practices Paycheck Journalism.
01:43 PM on 02/27/2010
It's a strange age. Mr. Cheney admits that he broke the law (although he didn't express it in quite those terms; rather, he boasted of the rightness of doing wrong) and he remains free.

I say, let's worry about incarcerating Mr. Cheney before we worry about imprisoning Mr. Woods.
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Mister Biggles
01:02 PM on 02/27/2010
The answer is so very simple.

Men....NEVER EVER ever ever ever ever ever get married. Ever.

There is no good reason for you to do it.

You won't have to worry about which state you are in or how outdated their laws on adultery are...nor will a judge ever be deciding who gets to live in your home.

Problem solved.
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Diane Dimond
Journalist/Author/Columnist- DianeDimond.com
01:59 PM on 02/27/2010
Ummm, Mr. Biggles: This only works if the UN- married man sticks to Un-married women! ~ DD
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Mister Biggles
02:23 PM on 02/27/2010
I'm not sure married women would have to worry about that. There seem to be different standards in this country...I realize in Saudi Arabia, she's got problems, but here...not so much.

When It was reported that Elin Woods hit Tiger in the face with a golf club....(way too many) women CHEERED it.

Openly. Without shame. Many said they would have done worse if they were her.

Reverse it...Tiger finds her with the pool boy and hits her in the face with a golf club...VERY different reaction, right?

Pleny of single women, either way. Be a lot more single women once men started taking my advice anyway...