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Agreed, her case also becomes non-existent if she's ever asked him to access her email for her. My wife knows all my passwords and I know all hers. Furthermore
by electromagnetic 16y ago
Agreed, her case also becomes non-existent if she's ever asked him to access her email for her. My wife knows all my passwords and I know all hers. Furthermore this is dangerous territory for the prosecution not only on the appearance front (it looks like a frivolous suit) but the precedence could collapse the judicial service in the state when kids sue their parents over snooping in their email/facebook and finding out they smoke pot or had sex.
I'd also like to point out how dangerous fighting the letter of the law is. From what I can tell in Michigan adultery is still a felony on the books and could land both the wife and the man she had sex with in jail. Prosecuting over an invasion of privacy is exceptionally stupid when you have to full-out admit to a felony that is still on the books but is unprosecuted.
- philwelch 16y agoI wonder if an adultery charge would even hold up in court anymore. I think the "right to privacy" (which is sort of an unenumerated constitutional right, but which has tons of legal precedent) might actually preclude actually prosecuting someone for adultery.
- tptacek 16y agoAs far as I know, we're all just waiting for a state prosecutor to be dumb enough to bring an adultery case so these statutes can be struck down by the Supreme Court nationwide once and for all. It's (apparently) been years since the last case was filed; the ACLU had the guy's back, but he let it go in exchange for 20 hours community service and no record.