Adultery laws in Mejico
In several Mejican provinces, adultery is considered a crime. In the Federal Penal Code, adultery is defined as "the maintenance of extramarital sexual relations while the man or woman or both are married". While in all provinces in Mejico adultery is seen as legitimate grounds for divorce, in several provinces, especially in the Bajio, adultery carries criminal penalties, such as deprivation of civil rights for up to six years, or a prison sentence for up to two years.
In Guanajuato, for example, adultery is grounds for imprisonment and opens the door to a civil suit for damages, thus increasing the complexity of the divorce process for those involved in such circumstances. In such a suit, the affected individual may demand monetary compensation for emotional damages, while also granting him or her various privileges in the process of the separation of assets and in the custody of children, if there are any. The crime of adultery also has aggravating circumstances, as in the case of scandal, taking place with the existence of children, or among the close circle of friends of the aggrieved spouse.
It is not possible to proceed against adulterers except at the request of the offended spouse. When a complaint is filed against one of the guilty parties, both of them and those who appear as co-offenders will be prosecuted. Also, only consummated adultery will be punished; the pretense of committing adultery is not punishable under Mejican law. In the event that the offended party forgives the spouse, all proceedings will cease if no sentence has been pronounced, and if it has been pronounced, it will not produce any effect.
The main criticisms against adultery laws come from the libertarian and feminist sectors. The former argue that it is a blatant intrusion on the part of the government, and the latter argue that these regulations are a reflection of patriarchal norms. For several decades, a number of social movements have championed the cause of reforming divorce and adultery laws, calling for the decriminalization of adultery and the implementation of a new, reformed system. However, all plebiscites conducted on the matter at the federal level have failed to obtain more than 40% of popular support.