this post was submitted on 13 May 2024
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TIL that until 1973, it was legal in Texas for a husband to kill someone caught having sex with his wife, "provided that the killing takes place before the parties to the act have separated". (www.sll.texas.gov)
submitted 6 months ago by partybot@lemmy.ca to c/til@lemmy.ca
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[–] otter@lemmy.ca 52 points 6 months ago* (last edited 6 months ago) (3 children)

Ah it's different from what I originally assumed

https://scholar.smu.edu/cgi/viewcontent.cgi?article=4072&context=smulr

(See page 509)

  • knowledge isn't necessary, just assumptions

  • "need not be committed while in the heat of passion"

  • "The statute also uses the phrase "before the parties ... have separated." This has been interpreted to mean only that the parties are still in each other's company, not that they are still united in the act of copulation"

  • "while the husband may justifiably kill his wife's paramour," he may not [...] inflict serious bodily injury (mutulation) upon the paramour without an intent to kill"

  • "Further, the wife is not justified in taking the life of her husband's mistress"

[–] Seleni@lemmy.world 56 points 6 months ago (3 children)

Boy, rules for thee but not for me. The wife can’t kill a woman she finds sleeping with her husband?

[–] WhatAmLemmy@lemmy.world 20 points 6 months ago* (last edited 6 months ago)

Given all I know of modern Texas history, politics, and conservatism this isn't surprising in the slightest.

I'd say there's a 50/50 chance the GOP try to bring it back.

[–] variants@possumpat.io 7 points 6 months ago

So just the husband then

[–] shasta@lemm.ee 4 points 6 months ago

Yeah they are oddly progressive when it comes to the rights of sex workers. And no, men are not allowed to be sex workers.

[–] edgemaster72@lemmy.world 37 points 6 months ago* (last edited 6 months ago) (1 children)

“while the husband may justifiably kill his wife’s paramour," he may not […] inflict serious bodily injury (mutulation) upon the paramour without an intent to kill”

Always cool when the law's like "yeah, you better be trying to kill him when you fuck him up"

[–] Delphia@lemmy.world 10 points 6 months ago

"No, you cant take your time!"

[–] MalReynolds@slrpnk.net 31 points 6 months ago* (last edited 6 months ago)

Wow, that's significantly worse than I thought at first blush. Basically straight up permission to murder any man in the company of your wife.

[–] Pandantic@midwest.social 16 points 6 months ago (2 children)

As in, you can kill the guy if you catch them in the act?!

[–] Taniwha420@lemmy.world 23 points 6 months ago (3 children)

Yup, sounds like it. I think this is what the French call "a crime of passion". The idea is that the moment is so enraging that one cannot be held accountable for one's actions in that moment. It's a kind of, "fuck around and find out," law.

[–] Naja_Kaouthia@lemmy.world 16 points 6 months ago

No I think this definitively qualifies as fuck around and find out.

[–] tyler@programming.dev 11 points 6 months ago (1 children)

Not if you are a wife and catch your husband though.

[–] shasta@lemm.ee 4 points 6 months ago

In the case of the law, it did not have to be done in the heat of the moment. You could all take a few minutes, put your clothes on, have some snacks and drinks while you talk it all over. A few hours later, tell everyone you're getting up to go to the restroom so they don't get suspicious. Get your rifle, and then go back to the dining room and shoot the guy in the face. All legal.

[–] delirious_owl@discuss.online 6 points 6 months ago* (last edited 6 months ago) (1 children)

Does "separated" mean they're no longer constantly fucking? Or does "separated" mean "his penis is still inside her"?

[–] shasta@lemm.ee 2 points 6 months ago (1 children)

You have to cut his dick off while it's inside her then allow him to bleed out. It's the only way to keep it all above board.

[–] delirious_owl@discuss.online 2 points 6 months ago

Dunno, could have a couple buddies storm-in with 'ya. One grabs the woman. One grabs the man. They both hold them together so they're still connected.

2 more guys rush in with cameras to document it all.