Change law to address infidelity

THE law does not give anyone the right to kill another and it should not also excuse the instigator.
A mother of two on Monday was sentenced to 12 years imprisonment for killing her husband’s mistress.
The presiding judge Chief Justice Sir Gibbs Salika while handing down his decision wanted to see a law passed to deal with husbands whose extra-marital affairs lead to their wives killing each other.
The law says when a man assaults a woman or vice versa, it is an offence under the Summary Offence Act, or it can be a serious assault causing grievous bodily harm or wounding under the Criminal Code Act.
Aileen Guina stabbed her husband’s mistress when she found them together at the mistress’ house. The husband Rodney Guina and their son had not returned home the previous evening which prompted Aileen to look for them.
The knife penetrated the mistress’ heart which led to her death.
All this happened in full view of Rodney.
Regardless of the reasons for the offence, an offence has been committed and the accused should be dealt with according to which ever law or act it applies.
The reasons for the assault can only be considered to mitigate the punishment.
While she goes to prison, he is a free man.
Because of his unfaithfulness, his two children will not have their mother around for the next 11 years.
Had he been faithful, she would not have done what she did and his mistress would still be alive.
The appropriate cause of action the wife could have done was to file proceedings for adultery and subsequently dissolution of marriage.
A new law should be made to consider provocation in which case is the husband’s infidelity and he should be punished also.
While “it takes two to tango”, more people feel the pain of their pleasures.
Historically, many cultures have considered adultery a serious crime.
Adultery often incurred severe punishment, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation or torture.
In most Western countries, adultery itself is no longer a criminal offense, but may still have legal consequences, particularly in divorce cases.
In countries where adultery is a criminal offense, punishments range from fines to caning and even capital punishment.
In Muslim countries that follow sharia law, the punishment for adultery may be stoning.
There are 15 countries where stoning is authorised as lawful punishment; however, instances have occurred outside the legal system.
The term adultery, rather than extramarital sex, implies a moral condemnation of the act; as such it is usually not a neutral term because it carries an implied judgment that the act is wrong.
It is high time the Law Reform Commission revisited the current legislation on adultery with a view to making it tougher for unfaithful husbands and wives to enjoy extramarital sex to the detriment of their aggrieved spouses and children.
The commission should seriously consider a hefty fine that will not only deter people from committing the offence but will sufficiently compensate the victims, including the children.