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Judges Rule Oral Sex Does
Not Constitute Adultery
Straits Times Interactive
11-14-2

TAIPEI - A group of 60 Taiwanese judges and lawyers concluded during an annual gathering that oral sex should not be regarded as intercourse, and therefore does not constitute adultery.
 
Although judges are not bound by the conclusion, it can be used as a reference in future cases, reported the Taipei Times.
 
'Since there is no law that clearly states whether oral sex is a form of intercourse, judges still possess full authorisation to make their own decisions during trials,' said a spokesman for the Taiwan High Court, Mr Tsai Kuo-tsai.
 
'Whatever decision these participants came up with during the meeting will only be a reference for judges when they handle similar cases in the future,' he added.
 
He said the closed-door gathering last week was a chance for judges and lawyers to discuss controversial issues.
 
A Taipei judge, who wished to remain anonymous, told the Taipei Times that the conclusion would influence decisions in future trials.
 
He suggested that the Criminal Code be amended to state clearly that oral sex constitutes sexual intercourse.
 
'It doesn't solve problems, it creates problems,' he said.
 
A judge from the Shihlin District Court had questioned during the discussions whether oral sex could be used as evidence of a spouse's marital infidelity in adultery cases.
 
Adultery is a crime in Taiwan that carries a jail term of at least six months, which can be converted to fines.
 
The judge cited a case where a woman and her married lover were caught in the act by the man's wife, said the English-language newspaper.
 
Forty-nine of the 60 participants supported the view that intercourse means genital-to-genital contact, thus oral sex is not intercourse.
 
But the opposing camp said that sexual intercourse should refer to any form of genital contact.
 
http://straitstimes.asia1.com.sg







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