Legal Corner

ATF or Mistress??
shudaknownbetter 6501 reads
posted

I'm not planning to get busted by LE anytime soon...  but had the thought in my mind that rather than pretend "nothing went on"...  claim my ATF is my girlfriend... which she is.  Sure, I'm married & having an affair is "immoral" but some prudish standards (other places & times, misteresses were expected).  However, have I broken a law?
skb

In many States, if you are married and get caught with another ( ATF, or whatever ) then you have committed a criminal act ( adultery ) and could be prosecuted.

I'd like to know about it.

Suffice it to say, if you do get prosecuted, you'll have a book deal in your future.

Be that as it may, the real question is whether or not you could beat a prostitution rap by showing proof that you and your favorite have spent lots of time together doing the stuff that couples do.  My guess is that a reasonable jury would get you off, but I doubt that such a case has been tried yet.

In any case, let's not forget that the whole point of discretion and being careful is to avoid these unpleasant situations in the first place.

Even if you win in the courtroom, you lose.

(still not a lawyer)

Well, in Atlanta, they get very ambitious sometimes.  Last year the news was covered up with a prosecution for adultry.  Another case a few years back of oral sex by a married couple in their own bedroom ( that's illegal here or was, not sure anymore ), then there is the 17 yr old male who had consenual sex with a 16 yr old.. He got 10 years, she got counciling.  You just never know what DA is going to see an opportunity for headlines.

I imagine the success depends on how the interaction with LE arises. A car accident ... sure it works.  I'm having difficulty believing that "she's my girlfriend" makes them go away if they suspect prostitution.  Maybe it would work in the situation BostonGuy described in the previous thread.  

I'm of the view that once they get you talking, you're quickly headed into dangerous territory.

Unless LE busts your ATF and turns her into an informant (I'm kidding here) how would you get caught?

As mentioned here and on other boards in the past, getting pinched is the least of your problems if you are married. "Affair" or escort isn't really going to matter to most wives, kids, employers, business associates etc.

You and your ATF would have to rat each other out for LE to be interested in prosecution.

I've been waiting soooooo long for an opportunity to post a link to this Wikipedia page.

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