Bigamy

=Bigamy=

Bigamy ( \bi-gə-mē\) //noun//. Etymology: Middle English //bigamie,// from Medieval Latin //bigamia,// from Latin //bi-// + Late Latin //-gamia// –gamy. First Known Use: 13th century

Within societies where only marriage to one person, or monogamy, is practiced, Bigamy is the act of entering into a marriage with one person while still legally married to another (Merriam-Webster Dictionary). This is considered a crime in most Western countries. While a man having more than two wives or a woman having more than two husbands is often considered polygamy, the term bigamy is formally used during any official legal proceeding. (‘Letric Law Library, 1995) Once the crime is discovered, at least one of the marriages become legally void, and the crime is then usually punished as a felony. It is considered a strict liability crime, meaning that if a reasonable person believed that the spouse was dead or their divorce was valid, they can still be punished for the crime even if it was committed accidentally. During the late 20th century, many states added a defense of reasonable mistake as a way to counteract the tradition of common law strict liability, as recommended by the Model Penal Code. There are other loopholes to the law, however. If a spouse is absent on the high seas after seven years they can be presumed dead. Any remarriage at that point is legal, even if the missing spouse reappears. Some states have similar laws which permit someone to be presumed dead after five years of an unexplained absence.

Originally punished only by Church authorities, bigamy became a crime punished by the state first in England under King Edward I, also known as Edward Longshanks (Sloan, 1905). The European Union currently requires all its members and states seeking admission to have bigamy laws in place. Bigamy is illegal in most countries due to traditional Judeo-Christian beliefs, which look down the practice. The argument that bigamy laws have been in place due to a religious bias, which is unconstitutional, has been rejected by the United States Supreme Court twice in Reynolds v. the United States and Cleveland v. the United States. The issue was under discussion in 1878 due to the polygamous nature of the early Church of Latter Day Saints, whose members are commonly known as Mormons. The US federal government allowed Utah into the Union on the condition that Mormons no longer practice polygamy, as it was adamantly opposed by a majority of Americans in that era. The US Model Penal code, established in 1962, recommends punishing bigamy as a misdemeanor. However, it further recommended punishing as a felony if bigamy is done "in purported exercise of the right of plural marriage”. This was created in order to keep the fundamental Mormon practice in check; however, no state actually took up this recommendation in making their legal distinction (Law Library).



The crime of bigamy is often committed as a form of fraud, whereby the bigamist will marry one person and then move away while holding joint assets. Many victims are under the impression that their bigamist spouse must travel often for work. The bigamist will then enter into another marriage, with both their spouses completely unaware of the other’s existence. This can cause significant emotional and financial damage to the victims and their families. Bigamy is also committed when a first marriage is over, but difficult to legally resolve, and a second marriage is entered. This is now the least prevalent form of bigamy due the advent of the no-fault divorce, which is easily obtained in virtually every state in the US. (Monger, 2004).

Bigamy is illegal in the following countries: · Austria · Australia: Illegal under the Marriage Act of 1961, section 94. · Belgium · Bulgaria · Canada: Illegal under the Criminal Code of Canada, section 293. (Lak, 2011) · China: tolerated for some minority cultures in the southwest and in Tibet · Croatia · Cyprus · Czech Republic · Denmark · Estonia · Finland · France · Germany · Greece · Hungary · Iceland: Illegal under the Icelandic Act on Marriage No. 31/1993, Article 11 (Ministry of the Interior, 2011) · India: Permitted for Muslims with written consent from the 1st wife. · Israel: Illegal according to the Penal Code of Israel · Ireland (Davis, 1861) · Italy · Kosovo · Latvia · Lithuania · Luxemburg · Malta · Malaysia: Permitted for Muslims, but requires judicial consent, show financial capability, and meet several other requirements (Emory Law, 2010) · Morocco: Permitted for Muslims, restrictions apply (Sloan, 1907) · Netherlands · Pakistan: Illegal for non-Muslims (Sloan, 1907) · Poland · Portugal · Romania · Slovakia · Slovenia · South Africa: Permitted for indigenous Africans under the Customary Marriages Act 120 of 1998 · Spain · Sweden · Turkey (Sloan, 1907) · United Kingdom (Davis, 1861) · United States of America (Sloan, 1907)

References:

Davis, James Edward. 1861. //The Criminal Law Consolidations Statutes of the 24 & 25 of Victoria, Chapters 94-100.// Retrieved from [].

Lak, Daniel. (24 January 2011). //Can Polygamy be banned?// Retrieved from []

Law Library –American Law and Legal Information. (2011). //Sex Offenses – Consensual: Bigamy.// Retrieved from []

Iceland - Ministry of the Interior. (2011). //Laws and Regulations.// Retrieved from []

Merriam-Webster. (2011). Bigamy. [].

Monger, George. (2004). //Marriage Customs of the World: From Henna to Honeymoons.// Retrieved from []

The ‘Letric Law Library. (1995). //Definition of Bigamy//. []

Emory Law. (2010). //Malaysia.// Retrieved from []

Sloane, C. (1907). Bigamy (in Civil Jurisprudence). In The Catholic Encyclopedia. New York: Robert Appleton Company. Retrieved April 11, 2011 from New Advent: http://www.newadvent.org/cathen/02564a.htm