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Sunday, September 05, 2004
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ASK skippy, PART THIRTEEN
Venorik Ziv asks the following muti-pronged question. This may be the most intricate sexual and legal question that I've thus far received. It is as follows,
My sister and I were discussing the law (as we often do, although neither of us really have a clue about it) and foreigners (another favorite topic), and wondered how the US of A marriage laws affect travellers. She suggested that I ask you and I figured that since you are Canadian and the question has, in part, to do with sex, you'd be just the guy to answer it.
The example given was of a Muslim man with several wives including a 12 year old, vacationing with his family in the US.
The first part is..
How do US laws affect his having several wives? Can he be prosecuted as a polygamist?
The next question is, how would US law apply if he we're to be caught posessing naked pictures of his 12 year old wife or got caught having sex with her?
I sincerly hope that you can help me and eagerly await your reply,
Thank you,
Venorik Ziv
P.S. please hurry, i'm alredy 38 and I will need to start saving my money now.
Dear Mr. Ziv,
Firstly, as a matter of law,it really doesn't matter what the laws of a foreigner's jurisdiction are in a foreign country. The country where a person is is dominant. For example, the age of consent in Canada is fourteen. Were I to have sex with a fourteen year old in your state, the court would not take into consideration Canadian law and I would be convicted of statutarory rape. No if, ands or buts about it. On the same note, female genital mutilation is not only legal, but encouraged in several societies. But it is a practice that is prohibited in all 50 states. Anyone caught engaging in such a practice would be concvicted of assault with a deadly weapon anywhere in the land.
But back to pologamy. Let's assume that you live in a state close to me, say....Michigan. There are clear laws about that there. They are as follows
"No marriage shall be contracted whilst either of the parties has a former wife or husband living, unless the marriage with such former wife or husband, shall have been dissolved." MCL 551.5; MSA 25.5.
Oh, it gets better.
Recognition of Foreign Marriages: Enacted in 1939, one Michigan statute only recognizes out-of-state marriages by legally competent Michigan residents, not marriages of nonresidents who later move to this state. MCL 551.271; MSA 25.15. The latter group of marriages, if valid where performed, would be recognized in Michigan as valid, even if it would not be valid if solemnized in Michigan (e.g., first cousins)
That makes matters slightly more confusing. If a "legally competent" Michigan resident married multiple brides in, say, Saudi Arabia, where you're allowed up to four, that could be a grey area. Or not, when you consider this,
Common law, in combination with canon law, prevented second marriages from 1788 until 1820, when a prohibition was added as part of a definition of capacity ("not having a husband or wife living"), leaving open the church sanction requirement until 1838, when the phrase "unless dissolved" was added. Polygamous marriages have been "absolutely void" since 1838 if solemnized in Michigan. MCL 552.1; MSA 25.81. Polygamy is a crime which requires either a second marriage in Michigan (it is not a defense that the second marriage is legally void, since all bigamous marriages are void), or cohabitation here after a bigamous marriage elsewhere. MCL 750.439; MSA 28.694. A divorce from, or death of, a first spouse will not validate a second (bigamous) marriage. A new marriage is required.
As to the second part of your question, regarding naked pictures of a twelve year old bride, You would be....well, how do I put this politely? Fucked. Pictures of naked 12 year olds are a felony in all 50 states. Importation of such pictures are most likely a violation of federal law, where serious time becomes an issue.
And it gets worse. You know how everybody thinks that a spouse can't testify against another spouse? Well, according to HAWKINS v. UNITED STATES, 358 U.S. 74 (1958), they can. And my guess is that a freshly fucked and photographed 12 year old fourth wife would be more than eager to co-operate, if only to get a green card.
So all of the above are bad ideas. Not only for the probable legal consequences, but because your wife would kill you in your sleep if you even dreamed of any of the above.
And women have a pretty good record of getting off for setting husbands who want 12 year brides on fire.
My advice is to tread VERY carefully, grasshopper. Although, I do hope that your sister is as liberal as you are. Is she single?
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