Adultery in Puerto Rico. In many countries, adultery is considered a heinous act, which undermines the morals of the members of the families concerned. In most cases, this practice ends up destroying marriages, leading to unpleasant situations such as fights, divorces and separation of families.
In countries like Puerto Rico, adultery is not limited to being morally condemned, but also legally. We are talking about a country where adultery is considered a crime, which has serious consequences for the people involved. In the following sections we will understand how cases of adultery are prosecuted in this country.
Penal Code of Puerto Rico, article 116
We must refer to the legal tradition presented by the law of Puerto Rico, in this case, the Penal Code of Puerto Rico. In the reading of Article 116, we can appreciate the following lines:
“Any married person who has sexual intercourse with a person other than his spouse shall be guilty of a less serious offence.
The proceedings for the crime of adultery shall be instituted within one year of the commission of the offence or of the fact that it has come to the attention of the plaintiff.
If the crime of adultery is committed by a married woman and a single man, or a married man and an unmarried woman, the single man or an unmarried woman shall incur the crime of adultery .”
At the same time, we can also read Article 89, which has the following reading:
“Spouses are obliged to live together, to keep fidelity to each other and to help each other.”
Illegal: Adultery in Puerto Rico
As we could read previously, adultery can have legal consequences both for the spouse and for the figure of third or third. Thus, adultery, along with bestiality and incest, are acts punishable by law.
In order for the case of adultery to be dealt with by the authorities of Puerto Rico, certain conditions must be met:
- That those involved have more than 1 year resided in Puerto Rico.
- As well as those who commit adultery, the affected spouse must have at least 1 year of residence in Puerto Rico.
- Adultery would have to be practiced in Puerto Rico.
This country shows how scathing it can be in the face of the practice of adultery. In fact, there are some clauses that also penalize bigamy, exonerating only those cases that can prove that the separation of bodies with their spouses dates back more than 5 years.
Likewise, the accused could demonstrate that he was not aware of his marital status, which could reduce his charges. And we are talking about sentences of 1 to 5 years for practicing bigamy in Puerto Rico. The sentence, as far as time is concerned, will depend on the circumstances of the bigamy.
As far as adultery is concerned, we will find that divorce for adultery is possible. That is, a person can file for a divorce who has been the victim of adultery by his partner. In this sense, we will talk about divorce for adultery, which is part of one of the legal arguments of the Penal Code of Puerto Rico specifically.
In Puerto Rico, the Civil Code of Puerto Rico facilitates the tool of divorce for adultery. This, according to the reading of article 96 of that code, which cites that adultery is considered adultery at the moment in which one of the spouses practices carnal commerce with another person who is not listed as his spouse.
For these cases, no hard evidence of adultery is required. For this type of presentation in court, evidence is requested that even corroborates that there was a relationship between the accused, either through testimonies, audiovisual material or certain documentation.
Its procedure begins with the lodging of an application for action before the Court of First Instance, specifically. Here, the victim must explain the details of the case, in front of the party responsible for the adultery.
In turn, the accused spouse must be notified of this lawsuit, so that due process of law can correspond. Thus, he will be able to avail himself of the necessary legal resources to hold the trial itself. You are given a period of no more than 30 days to respond to the claim from the moment the spouse is notified.
In his defense, the defendant may defend himself and question all those arguments against him. To do this, it must present the appropriate evidence as the case may be. In most cases, the defendant files a counterclaim.
It is important to clarify that the crime of adultery can represent a sentence of 6 months in jail, along with fines of up to $ 500. This, according to the reading of article 129 of the Civil Code of Puerto Rico (1974), in which we can find the following reading:
“Any married person who has sexual intercourse with a person other than his spouse shall commit adultery and shall be punished by imprisonment for a term not exceeding six months, a fine not exceeding five hundred dollars, or both at the discretion of the Court. Similarly, the Court may impose the penalty of community service instead of imprisonment.
The process for the crime of adultery will be instructed within one year of the commission of the crime, or of having come to the knowledge of the plaintiff.
If the offence of adultery is committed between a married woman and a bachelor man, or a married man and an unmarried woman, the single man or an unmarried woman shall be guilty of the offence of adultery and shall be punished with the penalty corresponding to such offence.”
Adultery in Puerto Rico is an act that can represent serious problems for those who are responsible, both indirectly and indirectly. That is, the spouse who breaks his loyalty pact as the third person could face the same charges, everything will depend on the characteristics of each case.
Whatever the scenario, adultery is a practice that detracts from the morals of those who practice it, since it represents a breach of their pacts sworn both before the State and the church itself.
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