In case you missed the news, a married woman in Batavia was recently charged with the crime of adultery. Inasmuch as most normal people might have been shocked at the alleged incident - two people having sex on a picnic table in a park where children were playing nearby - most of the controversy surrounded the charge of adultery.

Some comments I have heard or read suggest that outlawing adultery is archaic and that the law should be off the books. Mind you, the crime of murder has been around since Cain killed Abel but nobody seems to think that the crime of murder is outdated. Granted, a lot of people cheat on their spouses, but I imagine a lot of people cheat on their tax returns as well, and yet nobody wants to get rid of that law.

One of the main reasons that so few people are charged with adultery is that it is hard to prove. Most adulterers do not have sex on a picnic table in full public view - even after they have been drinking. Cheaters may parade around town in the open but they tend to do the deed in private; at least, that is the case with the adulterers I have known.

Adultery is still grounds for divorce in New York state, but because of the same problems associated with the burden of proof, plaintiffs in divorce cases usually have to come up with other grounds for divorce, like cruel and inhuman treatment.

In addition, adultery has gained an amount of social acceptance. I once attended a church where the pastor was caught having an affair with a member of the congregation, but since he was popular, there were many members of the church who thought the pastor should not resign. Of course, few people took into consideration the impact on both families - both of the adulterers had children in their teens.

As far as sexual crimes go, adultery certainly has the potential to be as damaging as prostitution, if not more so, and yet if a person simply solicits a prostitute and does not engage in sex, they can be charged with a crime. If a person actively pursues a married person, they have not committed a crime at all. The same concept applies to rape and child molestation; the mere attempt to commit either act is a serious crime.

It is doubtful that the adultery law will be stricken from the books any time soon, because the lawmakers who vote to decriminalize adultery could be perceived as supporting adultery. Nonetheless, it will likely not be prosecuted very often, possibly out of fear that there is not enough jail space to house adulterers. If the adulterers I have known in Orleans County were prosecuted, we would have to double the capacity of the county jail to house them and hire more prison guards. We would probably have to replace a lot of politicians as well.

With regard to the alleged adulteress in Batavia, I fear that she will be rewarded for her crime instead of punished. I would not be a bit surprised if talk shows aren't already making offers to pay for her to appear. At least we don't have to worry about Disney making a movie out of her story.