For more than a century, it has been a crime to cheat on your spouse in New York. But adultery may soon be legal in the Empire State thanks to a bill working its way through the New York Legislature, which would finally repeal the seldom-used law that is punishable by up to three months behind bars. Adultery bans are still on the books in several states across the U.S., though charges are also rare and convictions even rarer.
Silbaugh, a law professor at Boston University who co-authored “A Guide to America’s Sex Laws,” said adultery bans were punitive measures aimed at women, intended to discourage extramarital affairs that could throw a child’s parentage into question. “Let’s just say this: patriarchy,” Silbaugh said. New York’s bill to repeal its ban has already passed the Assembly and is expected to soon pass the Senate before it can move to the governor’s office for a signature.