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Taiwan is the first country in Asia to have legalized gay marriage, but it also remains one of the few where adultery is still a punishable crime—that is, until last Friday. On May 29th, the Justices of the Constitutional Court convened and struck down the law criminalizing adultery, declaring it unconstitutional. Article A married person who commits adultery with another shall be sentenced to imprisonment for not more than one year; the other party to the adultery shall be subject to the same punishment.
With divorce on the rise, and marriage becoming less popular, it might seem that the continued criminalization of adultery is more necessary now than ever. But, upon closer examination, it quickly becomes obvious that this law fails to live up to its purpose and may even pose as a threat to important individual rights and principles such as proportionality, privacy, and autonomy. On the surface, Article does not appear to discriminate between the sexes.
In practice, however, women disproportionately bear the brunt of prosecutions. This is not because women cheat on their husbands more than men do their wives. This is especially true in cases where the husband is the primary breadwinner of the household — and, in Taiwan, this accounts for the majority of cases. Conversely, men, on account of their financial independence and inherent status in a patriarchal society, often press charges against both their cheating wife and her lover.
In this instance, women tend to be punished more often for a crime that is equally prevalent in both sexes. In addition, the adultery law has, at times, been exploited in perverse ways to pressure victims of sexual assault to not file charges. At the same time, critics of the adultery law also question the fundamental premise upon which the Article rests: that the state should regulate marital relations. Practically speaking, too, punishing a spouse by pressing criminal charges in court is certainly not a healthy and sustainable way to deal with emotional loss and marital relations.
