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Bigamy is no longer a crime in this US state.

2020-05-13T11:09:12.548Z


The new law codifies the Utah attorney general's policy of not prosecuting the crime of bigamy generally, except when it is committed in conjunction with other crimes, such as child abuse or sexual assault ...


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(CNN) - A law that effectively decriminalizes bigamy, that is, when two people get married while at least one of them was already legally married, is now in effect in Utah.

For decades, bigamy was a third-degree crime, legally punishable by up to five years in prison and a fine of up to $ 5,000. The new law makes it a violation, putting the crime on par with a traffic ticket.

The bill was signed by Governor Gary Herbert in March and went into effect on Tuesday.

Polygamy has been practiced in Utah by certain religious groups since before it became a state and continues to persist to this day.

Although the practice has long been illegal under state and federal law, the Utah attorney general's office has refused to prosecute the crime, except when it is committed alongside others.

The new law makes the prosecutor's policy official. Supporters of the law say reducing the sentence for bigamy removes barriers that previously prevented potential victims of abuse from coming forward for fear of prosecution.

The promoter of the bill described the previous law as inapplicable

The law was passed by the legislature in February with overwhelming support, although it faced some opposition from advocacy groups who argued that it normalized what they called an inherently oppressive practice and allowed the abuse of women and children.

Republican State Senator Deidre Henderson, the lead sponsor of the bill, called Utah's previous law unenforceable, saying it did not prevent people from engaging in polygamy, but rather isolated polygamous communities and prevented potential victims from reporting the abuse.

"Vigorous enforcement of the law in the mid-20th century did not deter the practice of plural marriage," he wrote in an email to CNN in February.

Instead, these government actions led polygamous families into hiding in a shadow society where the vulnerable are easy prey. Marking all polygamists as criminals has facilitated abuse, not eliminated polygamy. ”

Henderson wrote in an opinion piece for The Salt Lake Tribune in February that some current and former polygamists had shared with her that they had been abused, but that they had faced pressure from their families to keep it a secret for fear of possible consequences. they may face when reporting to the police.

"The history of family raids and separations, combined with a general lifestyle ban, leads to fears that an investigation could divide an entire family, remove children and imprison parents," Henderson wrote. "That is a big obstacle, so the abuse is kept quiet."

Henderson added that he was not seeking to legalize polygamy or the issuance of multiple marriage licenses, but was trying to "address the human rights crisis that our law has created."

The new law codifies the Utah attorney general's policy of not prosecuting the crime of bigamy generally, except when it is committed in conjunction with other crimes, such as child abuse or sexual assault, or under false pretenses. Increase penalties in such cases.

"The intent of the bill is to eliminate the fear of arrest, imprisonment, and the removal of children to state custody to encourage further reporting, facilitate the investigation of abuse, and reduce the great barrier to community integration," Henderson told CNN in February.

Opponents say the bill normalizes polygamy

The Sound Choices Coalition, a non-profit organization opposed to polygamy, condemned the decriminalization of bigamy when the bill was passed in February.

"This is abhorrent to us, to many victims of polygamists and to other Utahns who recognize that religious polygamy, as practiced in Utah and across the country, is responsible for many serious human rights violations," said the organization in a press release.

"Most of those who live in these fundamentalist polygamous groups and families are treated like property, forced to work without pay, marketed as daughters, forced to have unwanted sex and give birth to numerous children they cannot care for."

The organization called the bill a step toward legalizing the practice of polygamy and said it was concerned that the legislation would allow for the growth of polygamy.

Bigamy

Source: cnnespanol

All news articles on 2020-05-13

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