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Adultery laws criticized

The recent Chu Mei-feng (璩美鳳) VCD scandal has galvanized human-rights activists and women's groups to push for the decriminalization of adultery.

Last week, the Gender Sexuality Rights Association and other human-rights activists organized a press conference to promote public awareness about the decriminalization of adultery, arguing that women are victimized by sex scandals.

Wang Ping (王蘋), secretary-general of the association, said that the traditional Chinese patriarchy invented the concept of adultery.

"The adultery law is unfair to women," Wang said. "It takes two people to engage in sex -- both a man and a woman. If it is not a rape case, then it will mean that both parties agreed to have sex. As a result, adultery is an act in which both parties are responsible. However, in a patriarchal country when adultery accusations are made, people usually blame women. Men are forgiven. That's why I said it's not fair. Patriarchal thought will only restrict the freedom of women."

Wang noted that "adultery" has been criminalized by law.

"And a person who violates Article 239 of the Criminal Code can be sentenced to up to one year in prison. This is ridiculous because the Criminal Code is supposed to be composed of laws that protect people from crimes that cause physical harm.

"However, adultery doesn't hurt people physically. It hurts people emotionally instead. It is not a crime. It is improper behavior. As a result, women's groups think that adultery should not be included in the Criminal Code."

Wang also said that women were always the victims in adultery cases.

"In Japan, unfair treatment toward women in adultery cases is worse," she said.

According to Wang, males are generally found innocent while women are frequently convicted in Japanese adultery cases.

"They think it is a woman's problem if she agrees to consentual sex with married men."

In Taiwan, according to Article 239 of the Code of Criminal Procedure, a wife or husband can drop the charges against her or his spouse.

"However, if a case is about the affair of a husband with another woman and the wife wants to drop the charges against her husband, then inevitably the two women will argue with one another in the courtroom," Wang said.

On the other hand, if the case is about the affair of a married woman with another man, Taiwanese men usually will not forgive their wives and will ask their lawyers to proceed with the suit. Then the woman will become a defendant at the trial.

"Why are married men allowed to seduce other women but married women are not? That is why I said that women are always the victims in these kinds of cases," Wang said.

Wang said that the Criminal Code cannot guarantee the stability of a marital relationship and it will only increase women's frustration and hopelessness.

"If a person falls in love with someone else, you cannot force a person to stay with her spouse because it is against human rights," she said.

"According to our experience, women usually have to hire private detectives to collect evidence of their husbands' affairs. Unfortunately, private detectives often attempt to extort money from these women. Under the current circumstances, the women will be hurt again. Moreover, private detectives collecting evidence may violate human rights and privacy as well."

"Also, our divorce laws and related regulations of the Civil Code should be amended so that men and women will be equally protected under the law even if charges stem from someone's desire to divorce his or her spouse," she said.

Kenneth Chiu (邱晃泉), a senior lawyer and convener of the Free Human Rights Union, said that regardless of someone is committed to a marital relationship, an individual should have complete privacy and be able to make decisions about his or her sex life.

"A third party or the law will never have the right to regulate an individual's sex life," he said.

Lawyer Jennifer Wang (王如玄) said that many wives accuse their spouse's lover in an adultery case of "seducing their husbands."

She said that line of thinking ignores men's ability to make their own decisions.

"Adultery is a consentual relationship between a man and a woman even if they know their actions are improper. As a result, men should also be held accountable for their actions. But, it shouldn't be a crime."

A judge of the Taipei District Court who wished to remain anonymous said that he does not think it's a good idea to decriminalize adultery.

"Once it's not illegal anymore, then there won't be any laws to regulate a married couple's fidelity. And marriage will become meaningless," he said. "What will be the purpose of getting married then?"
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