Women’s and LGBT rights groups yesterday rallied in Taipei to urge the Judicial Yuan to decriminalize adultery.
“Adultery is still a crime under Taiwanese law that does not guarantee a happy marriage nor does it stop extramarital affairs,” Awakening Foundation chairwoman Chuang Chiao-ju (莊喬汝) said.
“In prosecuting adultery cases, women have been treated unfairly by the courts, and have received disproportionate punishment,” she said, referring to Article 239 of the Criminal Code on offenses against marriage and family, which allows for up to one year imprisonment for adultery.
Photo: CNA
“Taiwan should follow Japan and South Korea, as they have decriminalized adultery. It is still a crime in the world’s few very conservative nations, and Taiwan, unfortunately, is among them,” she added.
Protesters held a banner that read: “No prosecution for adultery, family happiness cannot depend on catching the adulterer in the act,” and gave a list of recommendations, including annulling Article 239, to Judicial Yuan officials.
On Tuesday next week, the Council of Grand Justices is to start hearing arguments on the question of decriminalizing adultery.
“Modern marriage should not be about possession, but must be based on the free will of two people to enter into wedlock. If their relationship ends, it is not the place of the state to intervene,” Taiwan Alliance to Promote Civil Partnership Rights, which promotes LGBTQ community and same-sex marriage issues, said in a statement.
The Awakening Foundation began pushing to decriminalize adultery 26 years ago, Chuang said.
“Through these long years, Taiwanese society and people’s attitudes have undergone great changes and made significant progress, but Article 239 has remained without any change since 1930,” she said.
As the courts favor a concept of “family harmony,” adultery cases can lead to charges against spouses and people outside the marriage, the foundation said, adding that a higher proportion of charges were filed against men, but more women have received guilty verdicts.
“For every 100 women found guilty and sentenced in adultery cases, only 81 men were. This shows that the law is very unfair against women,” Chuang said.
Members of the Taiwan Gender Equity Education Association, Taiwan Tongzhi Hotline Association and Humanistic Education Foundation also participated in the event.
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