Althouse: For public lewdness, should the charge of public lewdness be augmented with a charge of adultery?

June 9, 2010

For public lewdness, should the charge of public lewdness be augmented with a charge of adultery?

The state doesn't go looking for adulterers and charge them with the crime of adultery, but this married woman was having sex in public and deserves the charge of public lewdness:

Watch the clip. The woman's self-justifications are priceless. ("Nothing was out there, nothing was showing. His genitals were exposed perhaps by the zipper, but that's it. But no one would see that.")

75 comments:

kent said...: "Nothing was out there, nothing was showing. His genitals were exposed perhaps by the zipper, but that's it. But no one would see that."

The Clinton Legacy, in perfect miniature.; 6/9/10, 10:04 AM
MadisonMan said...: He said, she said, unless there are pictures.

Was her partner also charged with adultery? If he wasn't, why not?; 6/9/10, 10:12 AM
Anonymous said...: Well, that's one way to get your 15 minutes of fame.; 6/9/10, 10:22 AM
Bob Ellison said...: What if in the future, technology will make it possible to perform sexual acts at a distance, fully clothed (really)? Will using such technology at a bus stop be a crime?; 6/9/10, 10:25 AM
Famous Original Mike said...: Chick's kind of hot, in a trashy, MILF-y way.; 6/9/10, 10:32 AM
lemondog said...: ....and my husband, he's a victim now

Who caused the chaos in your life?

Who made your husband a victim

Does she not feel any embarrassment at the embarrassment her notoriety may be causing her children at school?; 6/9/10, 10:34 AM
kalmia said...: This comment has been removed by the author.; 6/9/10, 10:35 AM
Fred4Pres said...: Now if she and her boyfriend got struck by lighting...now that would be funny.; 6/9/10, 10:36 AM
The Crack Emcee said...: Fred4Prez,

"Yeah, you deserve to be charged, be it adultry, public lewdness, whatever. They also deserve to be humilated."

Yep.; 6/9/10, 10:40 AM
Lem Vibe Bandit said...: "For public lewdness, should the charge of public lewdness be augmented with a charge of adultery?"

If there was no touching.. no.; 6/9/10, 10:41 AM
The Crack Emcee said...: And her husband is insane.

I don't know who this "holistic" guppy is but somebody better warn him:

I. Am. Not. In. The. Mood.; 6/9/10, 10:43 AM
prairie wind said...: Maybe she's polyamorous. That's the newest trend...I've heard.

Luke Moretti reminds me of a more famous newscaster face but I can't think who it is. Or is it just that they all look alike?; 6/9/10, 10:45 AM
Lem Vibe Bandit said...: People in nude beaches aren't committing adultery.. are they?; 6/9/10, 10:46 AM
alan markus said...: At the end, newscaster says re the husband: "We'll hear from him, coming up at 6." Obviously, 6 wasn't enough for his wife. Like she says, she's the victim here.; 6/9/10, 10:47 AM
Fred4Pres said...: Of course had she been having sex in a public part with Al Gore, now that would have tied all the posts today together.

Then again, had that been the case it would have been snowing in Batavia.; 6/9/10, 10:52 AM
TWM said...: Three words for the day:

"Cuckold," "tramp," and "Penthouse letter submitter."

Yeah, yeah, it's more than three words, but don't hate on me because I'm a victim in all this, too.; 6/9/10, 10:53 AM
GMay said...: "Maybe she's polyamorous. That's the newest trend...I've heard."

Man, when was trying out online dating, I was surprised at how many people consider themselves "poly". I'll give it 10 years before we start to see the push for polygamist marriage.; 6/9/10, 10:59 AM
GMay said...: This guy is only "sad" because a) he's into swinging and whatnot and missed out, or b) he's just a rich beta who doesn't know how to dump a parasitic whore.; 6/9/10, 11:02 AM
Capt. Schmoe said...: At least the other defendant in this case had the sense to say "no comment", unlike the brunette tart.
Her statement just raised more questions:

What kind of emasculated pansy stands by, while his wife admits on camera that she had some other guy's tool out, whilst seated on a picnic table?

Did the park and recreation department send someone out to pressure wash the picnic table before some kid had his birthday party on it?

I just wanna know.; 6/9/10, 11:08 AM
prairie wind said...: What if in the future, technology will make it possible to perform sexual acts at a distance,

Tahnee Welch and Steve Guttenberg did that in Cocoon.

As for polyamory vs polygamy...I heard an interview in which the interviewees were quite dismissive of polygamy, as if -amory and -gamy are two different animals. I think the main difference is that one pulls up thoughts of unstylish Mormans and the other...doesn't.; 6/9/10, 11:09 AM
Andrea said...: "But no one would see that."

Yeah, but they saw your "O-face." That's probably worse than visible peen.; 6/9/10, 11:10 AM
TWM said...: "Man, when was trying out online dating, I was surprised at how many people consider themselves "poly". I'll give it 10 years before we start to see the push for polygamist marriage."

I don't see that happening. Yeah, some women, and many men, consider that a great deal when they are dating, but once married I don't see many women being willing to share their territory with other women.; 6/9/10, 11:10 AM
William said...: The newscaster, the husband, the wife: they all do such a spot-on, perfect imitation of a newscaster, husband, and wife that for a moment I didn't realize I was watching an Onion parody.....Reminds me of the time I got caught fucking the neighbor's dog. It's not a a chapter of my life that I'm very proud of. I'm only glad that the moment was not captured for posterity and broadcast over You Tube. It's very hard to mount a defense of dog fucking that makes you look intelligent and sympathetic. People have too many pre-conceived notions of sexuality and golden retrievers. One has to admire this woman's defense of adultery and public sex. So few women come out in favor of it.; 6/9/10, 11:10 AM
Andrea said...: Bet you the husband shows up on Roissy's next Beta Of The Month post.; 6/9/10, 11:13 AM
Geoff Matthews said...: "Nothing was out there, nothing was showing. His genitals were exposed perhaps by the zipper, but that's it. But no one would see that."

When she said that, it looked like her husband turned towards her as if he heard that for the first time.

I was waiting for him to yell "You ignorant slut!"; 6/9/10, 11:18 AM
GMay said...: "They also deserve to be humilated."

If she's not humiliated by her own remarks, I'm not sure what'd do the trick.; 6/9/10, 11:19 AM
GMay said...: This comment has been removed by the author.; 6/9/10, 11:21 AM
mccullough said...: The husband needs to lose the ponytail. This kind of thing only happens to husbands with ponytails.; 6/9/10, 11:22 AM
lemondog said...: BTW their mug shots look as if they could be brother and sister.

As they sat facing each other were they enamoured thinking that they were having sex with themselves?; 6/9/10, 11:23 AM
GMay said...: Andrea, thanks for that Beta of the Month link. Good stuff.

I think that third contestant was Jeremy.; 6/9/10, 11:27 AM
GMay said...: "...but once married I don't see many women being willing to share their territory with other women."

Have you ever talked to a hardcore polyamorist? (There are more of them than you might think.)

***Original post of this deleted because...ummm...my keyboard sucks***; 6/9/10, 11:30 AM
Unknown said...: Where's "A Current Affair" when you need them?; 6/9/10, 11:40 AM
TWM said...: "Have you ever talked to a hardcore polyamorist? (There are more of them than you might think.)"

Nope, but I am sure the conversation would be interesting. And I don't doubt there are more than I think - although I never thought about it much - but I doubt there are enough to make polygamy legal.; 6/9/10, 11:57 AM
Mick said...: Capt. Schmoe said,
"What kind of emasculated pansy stands by, while his wife admits on camera that she had some other guy's tool out, whilst seated on a picnic table."

The "guy" is transgender, if you read the article. The bigger question is why did she marry a transgender "guy".; 6/9/10, 12:31 PM
Opus One Media said...: If this is what passes for news in Batavia NY then perhaps it should be left alone to die of boredom. Is the chief of police's last name Hawthorne?

What is the punishment if convicted? a Scarlet A?; 6/9/10, 12:33 PM
Anonymous said...: Didn't our political establishment decide back in the Bill Clinton Impeachment Trial that even lying about an affair, under oath, was not a crime?

And then many of your establishment buddies went hog-wild with their personal sex lives, engaging in everything from extramarital affairs to gay blowjobbing in Idaho public bathrooms to gay-for-pay fun on rentboy.com!

Adultery. Prostitution. Totally gross sex in public. All without prosecution... if you are an elite.

Perhaps charges like this only apply to the non-connected, non-elite proles?; 6/9/10, 12:34 PM
Darcy said...: Yeah. I agree with Crack. Husband is nuts.

If it's on the books, and she broke the law, let her be charged for it. I really don't want the law to be lax about people having sex in public and in front of kids. I'll bet the exhibitionism was part of the allure for them, too.; 6/9/10, 12:41 PM
Anonymous said...: Oh, wait, Larry Craig was prosecuted, wasn't he?

But Craig was prosecuted only for the lawdness part, not adultery. He pled guilty to disorderly conduct and paid $575. Then he went back to serving out the rest of his Senate term.; 6/9/10, 12:44 PM
traditionalguy said...: When you have said Batavia, NY., you have said it all. They will probably sentence her to probation and 400 hours of honor system community service... walking around and cleaning up in the city parks.; 6/9/10, 12:51 PM
Trooper York said...: This kind of smells like a hoax.

I wouldn't be surprised if it is all a bunch of bullshit.; 6/9/10, 12:58 PM
SteveR said...: My initial reaction was to sort of agree with Mike (10:32) but now I've been forced (thankfully) back into reality. Details; 6/9/10, 1:03 PM
Geoff Matthews said...: Mick has already pointed this out, but the wife claims that her husband is transgendered, and they are unable to have sex.

They took it out of the original story, but it has been retained.

http://www.thebatavian.com/blogs/howard-owens/sex-city-batavia-adultery-case-getting-wider-media-attention/16571

My guess is that he went down the transgendered pathway after they got married. THAT should be grounds for divorce.

As it stands, they both have grounds now.; 6/9/10, 1:04 PM
Anonymous said...: @Trooper York-

I happen to be in nearby in Upstate NY right this very minute... It is not a hoax.

Although what usually happens when tenuous charges are filed here is that they get dropped, quickly. The linked piece said that the defense attorney will challenge the constitutionality of the law, but he will likely not get the chance because the issue will be moot.

Expect the adultery charge to be dropped by the end of the week.; 6/9/10, 1:05 PM
Mick said...: Hadn't thought of that angle Geoff; 6/9/10, 1:13 PM
AllenS said...: Too bad one of them didn't get nailed by lightning when the proposal took place.; 6/9/10, 1:14 PM
I'm Full of Soup said...: She is more clueless than Barbara Boxer.; 6/9/10, 1:36 PM
KCFleming said...: Public lewdness?
Are they serious?
Did the nearby moms get the vapors?

As all other rules of behavior have long since been abandoned, is expressing outrage about screwing in the park literally the the last shred of common human decency left in society?; 6/9/10, 2:15 PM
KCFleming said...: This comment has been removed by the author.; 6/9/10, 2:15 PM
Ritmo Re-Animated said...: Just for the record, an exposed sex organ need not be hidden from view on account of its size. The angle of exposure may hinder others from seeing it.; 6/9/10, 2:19 PM
Dustin said...: Please tell me she's playing this up just to sell her porn more effectively. Who gets off on having sex surrounded by kids? I can't have sex if my dog's in the room. Kids? Ridiculous.

And there's a reason they were arrested while having sex... it's because people could tell they were having sex. Obviously her claims that it was just like sitting on a bench are stupid, since she was caught. Not that I even believe her version of the facts... she's a cheater. People who cheat on their spouses will lie about anything for any benefit. They shouldn't even be granted contracts or credit cards (not via the law, but it should appear on your credit report if you cheat on your spouse).

These people seem incredibly creepy to derive sexual pleasure with kids playing nearby. It doesn't really matter that much, but I greatly suspect quite a bit was exposed, on purpose, and her claims are bullshit.

Also, they are both democrats. Just kidding, GOP's got plenty of these kind too.; 6/9/10, 2:23 PM
KCFleming said...: The young gang of barbarians that took over the park near my house break glass bottles on the bike path, harass people who are alone, swear incessantly, and drink alcohol openly. They beat up strangers and stay there late. They make out with abandon.

Public lewdness?
Horse been outta that barn, a long time now.; 6/9/10, 2:58 PM
Cedarford said...: MadisonMan said...
He said, she said, unless there are pictures.

No, that is not how it works. She was having sex on a picnic table in an open area with kids around, with multiple witnesses. Her only defense after a cursory denial was "nothing was showing".

I think the law would have had a harder time if it was a state park and some park cop or member of the public had heard moaning and grunting from several hundred feet off the trail behind some bushes and out of sight - went in and investigated and was shocked and outraged at what they saw.

Public lewdness without a doubt.

**********

But the woman had better consult with a lawyer and ensure that whatever she pleads to does not place her on a registered sex offender list for the rest of her life. That has badly burned people in other states thinking they just pled to a no nevermind urinating in public sort of offense - and the next thing they knew they were in a permanent sex offender database. And the state was calling their employer about "what contact they had with children at work" and telling them they had to sell their house because it was within 1500 yards of a public school or park.

So the woman's denials may be smarter than they appear to be - never admit wrong for the record if you face charges, and never apologize and accept blame in public and on the record for something you did if you think a lawsuit is looming.
That is not "morally right", but America is now lawyer-dominated. They are out to screw others for power/money - and knowing these things is as important for self-defense as having a firearm available for defense if you reasonably fear being in a place where danger of assault is a real possibility.

Paying one lawyer to keep others off you is like paying a thug protection money to keep other thugs away is odious but necessary in certain situations. Just as not wanting a loaded 12 gauge but thinking you need it where you currently live and doing so - with the hope one day to be in a gated community with no need to keep a loaded weapon handy.; 6/9/10, 3:16 PM
Ralph L said...: Pogo, a shopping center near my old home would play classical music on loudspeakers after hours to keep the local hoodlums from hanging out in their parking lot. Worked like a charm.; 6/9/10, 3:18 PM
Ritmo Re-Animated said...: Well geez, Pogo! Maybe if you weren't always yelling at them to git off your damn lawn!. heh.; 6/9/10, 3:18 PM
A.Worthing said...: i don't see any good reason to think that, post-Lawrence, any adultry laws have any force.; 6/9/10, 3:29 PM
bagoh20 said...: "Just for the record, an exposed sex organ need not be hidden from view on account of its size. The angle of exposure may hinder others from seeing it."

That's what HE said.; 6/9/10, 3:57 PM
Dustin said...: A Worthing, tell me, what was the rationale of Lawrence?

Something about privacy?

So, it seems that's not a factor in an adultery charge where there is no expectation of privacy because you shoved some kids off their lunch table to get it on right in front of them.

The very fact they were caught in public having sex shows it was apparent to the public they were having sex. A privacy protection shouldn't apply.; 6/9/10, 4:00 PM
bagoh20 said...: Shame is a lost virtue. We are running out of them fast.; 6/9/10, 4:21 PM
The Drill SGT said...: Mick said...
Capt. Schmoe said,
The "guy" is transgender, if you read the article.

I know I was raised in the land of fruits and nuts, but that was a while ago and we only had 2 genders then, though it was after homosexuality was invented :)

shouldn't "transgender" have at least some additional identifiers?

In this case, is the husband a she who wants to be a he, or a he who wants to be a she?

In this case, I don't need to know how far along it is, but some basic idea of the direction would be nice :); 6/9/10, 4:43 PM
KCFleming said...: bagoh20 said...
Shame is a lost virtue.

Exactly.
How can there be "lewdness" when there is no shame?
The abolition of shame has been one of the greater 'successes' of the modern worlds. How can it now claim that any act is "lewd"?

Grasping at the fag ends of civilization, but the world devolves unstopped.

This is what "Piss Christ" and the Folsom Street Fair yield.; 6/9/10, 4:44 PM
Anonymous said...: I wonder what former NY governor Elliot Spitzer thinks of the adultery charge?

And I wonder what his replacement David Patterson-- admitted adulterer-- thinks of the adultery charge?; 6/9/10, 4:47 PM
Methadras said...: It's clear who wears the pants in that relationship. Insert pun wherever you like. Void where prohibited.; 6/9/10, 5:04 PM
Methadras said...: Geoff Matthews said...

Mick has already pointed this out, but the wife claims that her husband is transgendered, and they are unable to have sex.

So he's a nullo?; 6/9/10, 5:06 PM
KCFleming said...: Well, a nullo contendere, leastways not wit' her.; 6/9/10, 5:08 PM
jr565 said...: woman:"It's not like we were exposing ourselves. You couldn't see his shaft because it was embedded in my pubes! What's all the fuss about?"; 6/9/10, 5:31 PM
Ritmo Re-Animated said...: Shame is not a virtue. Shame is a social phenomenon, and has nothing to do with characteristics denoting excellence within the individual himself.

Try the dictionary.; 6/9/10, 5:53 PM
Ritmo Re-Animated said...: The willingness to lump shame in with the virtues here only bolsters my observation that groupthink runs amok too frequently here.; 6/9/10, 5:57 PM
Dustin said...: Ritmo, why take things so seriously?

they could have said chastity temperance and humility. But they got right to the point.

You need to read your dictionary a little more carefully before you decide you're the judge of the internet.; 6/9/10, 6:58 PM
Mark O said...: Let Clinton cast the first stone.

[I'd have suggested Obama but he has none.]; 6/9/10, 9:06 PM
Anonymous said...: Slow Joe: "I can't have sex if my dog's in the room."

Even if he's not in the room your dog knows.; 6/9/10, 10:26 PM
weffiewonj said...: The adultery charge is unnecessary. The act is just as lewd if the two were married. From the linked article, an adultery charge is less likely than getting hit with lightning, and much more the product of caprice. NY can repeal the law, and adultery remains wrong.
All is a go on the lewdness charge, of course. Nothing was exposed, except those pesky genitals. Well, that explains everything. Just make the fine much higher than a hotel room, and civilization is preserved.; 6/9/10, 10:45 PM
traditionalguy said...: This comment has been removed by the author.; 6/9/10, 10:49 PM
Dustin said...: I'm kinda annoyed at the idea that some actual law shouldn't be enforced because some people think it's bad to punish those who breach their marriage agreements.

Adultery is an actual crime. It has an element of outrage and harm to society. There is no privacy concern, obviously. Can't get any less private than this.

So if you don't like the law, have it changed. Best solution to a bad law is to enforce it strictly. I'd love it if we maintained out 4th amendment rights but still prosecuted those adulterers we could catch. Not with prison, but maybe jail or community service.; 6/9/10, 11:47 PM
Kev said...: Pogo, a shopping center near my old home would play classical music on loudspeakers after hours to keep the local hoodlums from hanging out in their parking lot. Worked like a charm.

The same thing was used to good effect at a McDonald's in downtown Dallas that was experiencing gang problems. (And wouldn't you know, some musicologists got all up in arms about it, saying it was a disgrace to use classical music that way.); 6/10/10, 1:18 AM
Clyde said...: What a skankstress!

wv: drapp. What she claims he didn't do with his pants.; 6/10/10, 7:23 AM