Can I prosecute my husband if he cheated andI have video?

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Can I prosecute my husband if he cheated andI have video?

My husband had an affair about 3 years ago. He tried to carry on this affair up until this December days before me finding out.I have emails of him emailing this woman begging for her to sleep with him again and how much her loved her. But the thing is apparently they only had sex a couple times towards the end of 2008 but they taped it. Both willingly taped it. It is clear that it is my husband and another married woman. I found the CD. No hidden cameras. Can I press charges and use this evidence? Divorce is probably going to happen but I want to now If I can use it?

Asked on May 10, 2011 under Family Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  You must be having a very difficult time and I am sure that things are very unsettling.  Only those that are deemed law enforcement can "prosecute" a person for a crime that they have committed.  From my understanding, it appears that adultery is still a crime in Massachusetts carrying with it a penalty of up to three years in prison.  But it is also my understanding that the Commonwealth of Massachusetts has not prosecuted someone for adultery since 1983.  So maybe keep the CD and go and seek consultation from an attorney in your area.  It may be best for you to look forward and to put the matter behind you.  Good luck to you.


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