compulsion to a husband who had brutally ill-used her, then a very considerable section of the civilized community would actually transfer their sympathies to the offending couple and look upon the husband as the real
This is why the vestigial relics of the ancient ecclesiastical view of adultery as a "crime" are no longer supported by public opinion; 2 they are no longer enforced, or else the penalty is reduced to ridiculous dimensions (as in France, where a fine of a few francs may be imposed), and there is a general inclination to abolish them altogether.
Penalties for adultery are not nowadays enacted afresh, except in the United States, where medieval regulations are enabled to survive through the strength of the Puritan tradition. Thus in the State of New York a law was passed in 1907 rendering any person guilty of adultery punishable by six months' imprisonment, or a heavy fine, or both. The law was largely due to agitation by the National Christian League for the Promotion of Purity; it was supposed the law would act to prevent adultery. Less than three months after the Act became law, lawyers reached the conclusion that it was a dead letter. During the two years after its enactment, notwithstanding the large number of divorces, only three persons were sent to prison, for a few days, under this Act, and only four fined a small sum.
The Committee of Fourteen state that it is "of practically no effect," and add: "The preventive values of this statute cannot be determined, but, judging from the prosecutions, it has proved an ineffective weapon against immorality, and has practically no effect upon commercialized vice." 3
When such laws remain on the Statute Book as relics of practically medieval days they deserve a certain respect, even if it is impossible to enforce them; to re-enact them in modern times is a gratuitous method of bringing law into contempt.