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Taiwan's adultery law

PostPosted: Wed Jun 19, 2013 14:23
by cranky laowai
Jens Kastner has an interesting piece in today's Asia Sentinel: Taiwan's Archaic Adultery Law.

Earlier this year, remarks by Minister of Culture Lung Ying-tai prompted some politicians to suggest a review of Article 239 of the Criminal Code, which provides that "married spouses who commit adultery be imprisoned for up to one year." According to Kastner, that got nowhere.

Even worse, decriminalization's staunchest opponent, the Ministry of Justice, published a survey showing that 82.2 percent of the respondents don't want the adultery law to be tinkered with.

This leaves ostensibly liberal Taiwan on an inglorious list with conservative South Korea and the Islamic countries.

While the adultery law itself is gender-neutral, the devil is in the details. It is an Antragsdelikt, an archaic oddment left over from the days when the Republic of China was actually in China and adopted the German civil code and criminal code of the 1930s. It is an offense prosecuted on complaint, which means that the case is closed as soon as the plaintiff drops the charge. In practice, that usually means unfaithful women are punished while cheating men walk free....

To put the practical gender discrimination into plain statistics, 50 percent of women who sue their husbands for adultery will eventually drop charges, but only 23 percent of men will do so against their wives, resulting in a higher conviction rate among women, according to the Awakening Foundation.


The article has more information and no small portion of bile. But it also points to a possible way for the law to be nullified.

In 2011, Taiwan signed the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). And as if there weren't enough oddities already in the island's legal system, eager wannabe UN member Taiwan did not just sign it and then harmonized national laws accordingly as signees of UN conventions would normally do, but at one fell swoop turned the whole Convention into domestic law effective since January 1, 2012. Simply put, if Chen's Awakening Foundation manages to prove that Article 239 has a disproportional impact on women, Taiwan must bid farewell to it.

Re: Taiwan's adultery law

PostPosted: Wed Jun 19, 2013 14:28
by cranky laowai
Poll added.

Re: Taiwan's adultery law

PostPosted: Mon Mar 02, 2015 13:01
by cranky laowai
Asia Sentinel wrote:the Ministry of Justice, published a survey showing that 82.2 percent of the respondents don't want the adultery law to be tinkered with.

This leaves ostensibly liberal Taiwan on an inglorious list with conservative South Korea and the Islamic countries.

Even South Korea has now decriminalized adultery, through a supreme court ruling there last week. It sounds like their law was much like Taiwan's.

Re: Taiwan's adultery law

PostPosted: Mon Mar 02, 2015 13:42
by TainanCowboy
I'm married.

I have "No Opinion" on this.

Re: Taiwan's adultery law

PostPosted: Tue Mar 03, 2015 11:23
by Kal El
I voted no. The law served me well in the past. If it is done away with then divorce law will need to be almost completely re-written. As it stands, it is used more as a threat to get what you need as the aggrieved party, in terms of things like custody etc.

Re: Taiwan's adultery law

PostPosted: Tue Mar 03, 2015 13:49
by maoman
Kal El wrote:I voted no. The law served me well in the past.

How?

Re: Taiwan's adultery law

PostPosted: Tue Mar 03, 2015 14:36
by Dragonbones
The law seems medieval to me. I place a very strong value on marital fidelity, but criminalizing infidelity is just bizarre.

Re: Taiwan's adultery law

PostPosted: Tue Mar 03, 2015 14:49
by jimipresley
Dragonbones wrote:The law seems medieval to me. I place a very strong value on marital fidelity, but criminalizing infidelity is just bizarre.

Agreed. It's Talibanesque. :thumbsdown:

Re: Taiwan's adultery law

PostPosted: Tue Mar 03, 2015 16:50
by Big Vern
jimipresley wrote:
Dragonbones wrote:The law seems medieval to me. I place a very strong value on marital fidelity, but criminalizing infidelity is just bizarre.

Agreed. It's Talibanesque. :thumbsdown:


Do you get stoned or lashed?

Sounds like a win-win situation.

Re: Taiwan's adultery law

PostPosted: Tue Mar 03, 2015 17:15
by Just Jennifer
I wish I'd hired that private investigator and gotten proof of infidelity. I'd enjoy seeing the husbandonpaper suffer.

Can't share an opinion just yet because I haven't followed the links provided but I'll be back (and will try to be nicer).

Re: Taiwan's adultery law

PostPosted: Tue Mar 03, 2015 18:20
by cranky laowai
Taiwan's one-year imprisonment for adultery seems soft compared with the five-year term one could serve for the felony of adultery in my home state. OTOH, I doubt if anyone there has been punished with that in many years, unlike the situation in Taiwan.

Re: Taiwan's adultery law

PostPosted: Tue Mar 03, 2015 20:38
by maoman
Just Jennifer wrote:I wish I'd hired that private investigator and gotten proof of infidelity. I'd enjoy seeing the husbandonpaper suffer.

A year in jail? For both of them? How is that good for anyone?

Re: Taiwan's adultery law

PostPosted: Tue Mar 03, 2015 21:31
by Kal El
maoman wrote:
Kal El wrote:I voted no. The law served me well in the past.

How?

That's not a conversation I'd like to have in public, even behind a shroud of an avatar and username. I'd be happy to tell you when we meet again.

Just Jennifer wrote:I wish I'd hired that private investigator and gotten proof of infidelity. I'd enjoy seeing the husbandonpaper suffer.

Can't share an opinion just yet because I haven't followed the links provided but I'll be back (and will try to be nicer).

Indeed, and as a foreigner in a divorce you have little chance of getting custody, even more so as a woman. Which is what the "It's Barbaric and Talibanesque!!" shriekers fail to realise, hence my statement:

Kal El wrote:If it is done away with then divorce law will need to be almost completely re-written. As it stands, it is used more as a threat to get what you need as the aggrieved party, in terms of things like custody etc.

The fact is, that is how it is most often used. It is used as a threat to get even treatment.

Re: Taiwan's adultery law

PostPosted: Tue Jul 07, 2015 13:12
by Just Jennifer
maoman wrote:
Just Jennifer wrote:I wish I'd hired that private investigator and gotten proof of infidelity. I'd enjoy seeing the husbandonpaper suffer.

A year in jail? For both of them? How is that good for anyone?


REVENGE.

My husband's sins are now impacting a relationship I have with a student's family, and impacting my son who just took a job as a waiter at a restaurant that he frequents with his supposed girlfriend.

I want to hurt him, inconvenience him, but mostly shame him. A small measure of the shame he's brought me.

Re: Taiwan's adultery law

PostPosted: Tue Jul 07, 2015 13:21
by Kal El
Just Jennifer wrote:
maoman wrote:
Just Jennifer wrote:I wish I'd hired that private investigator and gotten proof of infidelity. I'd enjoy seeing the husbandonpaper suffer.

A year in jail? For both of them? How is that good for anyone?


REVENGE.

My husband's sins are now impacting a relationship I have with a student's family, and impacting my son who just took a job as a waiter at a restaurant that he frequents with his supposed girlfriend.

I want to hurt him, inconvenience him, but mostly shame him. A small measure of the shame he's brought me.

I fully understand your feelings, however, I would advise using it against him to get full custody and a decent settlement. :twocents: