Adultery charges made in Wisconsin

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This is a digitised version of an article from The Cayman Compass's print archive. Occasionally, the digitisation process introduces transcription errors, or other problems.

See the article in its original context from May 1990.

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ASHLAND, Wisconsin (AP) - A woman charged under the state's seldom-enforced adultery law won't be prosecuted, according to an agreement between the defense and prosecution.

The agreement Monday requires Donna E. Carroll, 28, to perform 40 hours of community service and attend two months of parental counseling sessions.

Mrs. Carroll's lawyer, Jay S. Moynihan, said she entered into the agreement to avoid going through a trial. Mrs. Carroll, a homemaker, has been free on bond and has moved to Janesville with her 7-year-old son. Their phone number is unlisted.

Mrs. Carroll, who pleaded innocent to the adultery charge, had admitted during a divorce hearing that she had an extramarital affair in 1989.

Her former husband, Robert, also admitted he had had an affair. But prosecutors did not press adultery charges against him, saying there was insufficient evidence to prove any violation occurred in Wisconsin.

A court-appointed guardian for the couple's son said last fall that Carroll wanted to disqualify his wife for custody, which she later won. Eaton has said the dispute played no part in his decision to charge Mrs. Carroll with adultery.

The statute, which prosecutors said seldom has been enforced this century, prohibits a married person from having sexual intercourse with any person other than his or her spouse.

It carries a maximum penalty of two years in prison and 10,000 dollars in fines.

About two dozen other states still have criminal codes against adultery, although enforcement has been virtually non-existent. The penalties are as minor as a 10-dollar fine in Maryland.