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Cyber Adultery in the 21st Century

Exclusive by Raïssa Robles

CAUTION NSFW: Sexually explicit discussion in this post. Reader’s discretion and/or parental guidance are advised.

A new commenter named “RM” wrote several posts today saying “there is no such crime as cyber adultery.”

The commenter argued:

can there be adultery without sexual intercourse? no. how about through skype? is that possible? again we refer to the definition of sexual intercourse as defined under our jurisprudence and not on any source found in the internet. it must be one where the male’s penis must have contact with the female’s vagina. so can we do it through skype? of course not. so what now? can we still commit adultery through the use of information and communications technology? of course not.

As an example of how cyber adultery could take place, RM — who is clearly not going to become famous for delicacy of speech (or perhaps he plans to start a career writing porn novels because he’s not doing too well as a lawyer, assuming he is one) wrote:

say A and B are married. B the wife went to the house of her neighbor C, a man. both engaged in sexual intercourse in the past without the knowledge of A the legal husband. now say for instance C, the man took out his iphone 5 and inserted it in the vagina of B then had the vibration turned on and the latter was shaking and screaming at the top of her lungs saying deeper! deeper! A the husband heard it and recognized her wife’s voice. so he went to the apartment of C to see for himself what was happening and boom. they were caught in the act of doing the deed. so A decided to file a criminal action. Question: what crime may B and C be held liable for, if any? the answer is of course is adultery. not cyber adultery but adultery. the fact that C inserted his iphone inside the vagina of B does not make the cybercrime law applicable because carnal knowledge or sexual intercourse is also defined by jurisprudence as the act (of) a person inserting his penis or any other object in the vagina of a woman.

In one of my replies to RM, I said:

You are looking at the law from the prism of today and yesterday.

I am looking at the law from what could happen in the future when the definition of “adultery” or “sexual intercourse” could change.

Recall that the definition of rape changed dramatically in our law. Penetration is no longer required to establish rape.

I also said:

You are going by the current legal definition of the word “sexual intercourse”. What if this definition changes due to technology?

I was going to drop this matter and move on to another topic until I read RM’s next comment where he, in effect, said I should first study more to be worthy of arguing with him because I am not a lawyer with four years of law studies. RM said:

the things i am talking about is not subject to a debate unless you are a lawyer, a law student, or a person who has devoted his whole life studying our judicial system in the Philippines. these things are very technical which cannot just be understood by reading blogs and news and opinion of others. you have to read our revised penal code. you have to read our family code. you have to read our constitution. you have to read the rules on civil procedure as well as criminal procedure and also the rules on evidence particularly the admissibility of evidence there are a bunch of requisites in order for an evidence to be admissible. you have to know what an object evidence is. what a documentary and testimonial evidence refer to. the best evidence rule the parol evidence rule the spousal immunity or the marital disqualification rule and distinguish it from marital privileged communication and from parental and filial privilege which you also have to connect in the provision under the Family Code particularly art. 215 regarding when the testimony of the witness is considered indispensable in a crime as an exception to the general rule and what crimes covered and committed by whom. this is why the study of law takes four years. it is not like we see a law we read it and then we understand it already no. we should not assume too much that we know about it especially if that is not our field of specialization.

RM is right. I have not devoted four years of study in law. I am only a perpetual law student and an informal one at that.

RM is also resorting to what American biologist-blogger PZ Myers called the “Courtier’s Reply”. You can read about it by clicking on this link.

However, while some people condescendingly tell others not to dabble in law when they are not lawyers, perhaps some alleged lawyers should not claim to know about technology when in reality they know nothing about it. And they think pomposity and pedantry are a substitute for wisdom.

Now let me get back to the issue on hand.

RM illustrated adultery in this manner:

  • C, the man took out his iphone 5 and inserted it in the vagina of B then had the vibration turned on and the latter was shaking and screaming at the top of her lungs saying deeper! deeper!
  • A the husband heard it and recognized her (sic) wife’s voice.
  • so he went to the apartment of C to see for himself what was happening and boom. they were caught in the act of doing the deed.

Then RM gave a mini-lecture on the definition of “carnal knowledge or sexual intercourse”:

In this example, the penetration was accomplished with the use of an iPhone, because as “RM” explained “carnal knowledge or sexual intercourse is also defined by jurisprudence as the act (of) a person inserting his penis or any other object in the vagina of a woman.”

Before I go into cyber adultery, I must say I am intrigued by RM’s idea of what constitutes  sexual intercourse.

RM, if the married woman tells the court she was only having oral sex in bed with her lover, does that let her off the hook because that’s not adultery as you define it? Or if the man only wanted an unmentionable object (let’s euphemistically refer to it as an “RM”) inserted inside his  anus by his married woman-lover, that isn’t adultery, too?

But I want to thank you, RM. This definition of sexual intercourse you gave as – “the act of a person inserting…any other object in the vagina of a woman” – makes cyber adultery possible.

There is a technological device about to be sold in Taiwan this month that could make cyber adultery through “long distance sex” possible – or sex via bluetooth.

Remember what RM said:

carnal knowledge or sexual intercourse is also defined by jurisprudence as the act of a person inserting his penis or any other object in the vagina of a woman.

For starters, what if this bluetooth device that I’m speaking of – which the distant lover guides via the Internet – is used by a married woman?

What if the spouse catches the married woman in the act, while online with her lover?

Of course this scenario is not in the Revised Penal Code which was drawn up half a century before the Internet and social media platforms were invented. However, if Section 6 – which crammed the entire Revised Penal Code containing the crime of adultery – is allowed to remain in the Cybercrime Prevention Act, this could be used in the future against cyber lovers.

As I said, I would have no problem with adultery being in the Cybercrime Law provided it punishes both married men and women equally and not just women. Because the Internet will provide men with more ways to cheat on their wives without legal sanctions.

As my husband Alan – who pointed out the existence of this Internet-enabled device – reminded me. Today, this is what’s available. You never know what technology will come up with tomorrow.

You can watch a video on the device by clicking on this link. 

Below is a description of the Internet-enabled device from tokyoreporter.com

Call me maybe: Taiwanese smartphone gizmo Love Palz gives couples good gyrations

Devices send data related to movement between a smartphone via a bluetooth connection

Dads spending lonely nights away from home or guys having a hard time meeting their mistresses might enjoy a new cyber-sex aid from Taiwan, reports Shukan Post (Oct. 26).

Love Palz is a machine and app that enables couples separated by long distances to enjoy virtual sex with one another while mutually connected to an iPhone or other smartphone device.

The product, scheduled to be released in January, is comprised of a male and female version, each consisting of a simple design, resembling a sleek thermos bottle. When the cap is removed from the female version (called “Hera”) a smooth phallus is revealed. For “Zeus,” the inside is a cylindrical cavity lined with textured silicone.

The devices send data back and forth between the user’s smartphone via a Bluetooth connection. A speed sensor in Zeus detects the velocity of the male’s piston-like action and sends that data to Hera, which in turn recreates that motion simultaneously. Hera, for her part, senses pressure changes based on the female’s reaction and sends that information to Zeus, whose built-in air pump adjusts tightness appropriately.

The smartphone app allows both users to see the face of their partner during the sessions, which the Web site envisions taking place in the home, office, or great outdoors.

The developer of the device was studying in the United Kingdom when he came up with the idea. “I was lonely during my studies as I couldn’t see my girlfriend back in Taiwan,” says the representative from the company. “That was my inspiration. I want couples engaged in long-distance relationships to enjoy this product’s benefits.”

Each unit is made of a high-quality, aluminum-magnesium alloy, which, according to LovePalz, is “non-toxic, light, durable, and last but not the least, very fashionable.” The company also claims that the device is fully water proof and usable in water.

Of concern to Shukan Post is the quality of the interior silicone. “The male version provides an almost equivalent experience in pleasure to that provided by a Tenga product,” assures the LovePalz representative, referring to Japan’s popular manufacturer of male masturbation aids.

The LovePalz Web site says that while its product was rejected on the Kickstarter fundraising platform more than 3,800 pre-orders have been made. The device is priced at $94.50 for a pair. The company also sells a special 24-carat edition (limited to 10 sets) for $10,000.

This is not the first pleasuring device for use in cyberspace. The Somcon solo-wanker that includes detachable parts suitable for both sexes has been on the market for a few years.

LovePalz admits that Japan is a key market given its advanced sex toys. “We have about 1,000 orders from Japan already,” says the company’s representative.

Soon to be heard in the streets of Shibuya: “Hey, I just met you, and this is crazy, but here’s my number, so…”(A.T.)

Source: “iPhone de konna kota made!? Taiwan kigyo ga kaihatsu, ” Shukan Post (Oct. 26, pages 145-146)

Note: Brief extracts from Japanese vernacular media in the public domain that appear here were translated and summarized under the principle of “fair use.” Every effort has been made to ensure accuracy of the translations. However, we are not responsible for the veracity of their contents. The activities of individuals described herein should not be construed as “typical” behavior of Japanese people nor reflect the intention to portray the country in a negative manner. Our sole aim is to provide examples of various types of reading matter enjoyed by Japanese.

____________________________________

Related Story:

Dear Justice Assistant Secretary Sy: If cyber adultery doesn’t exist, why did you put it in the Cybercrime Law?

 

 

Comments

  1. While waiting for database error being fixed, I decided to review previous posts and I found this for the first time. This is Raissa’s “sexiest” blog and “funniest”, too. Reading from first to latest post, i was laughing every bit of the way while learning from everyone. Welcome to our new commenters. :)

  2. I am unsually conservative who believes that ADULTERY, never mind CYBER ADULTERY is a physical sexual act or contact between married people. Doesnt matter if there is a penetration or not once they are engage in any form of sexual act they are commiting adultery. If Cyber adultery exists, then a sexual fantasy is adulterous.

  4. Good day, @Baycas.

    Thank you so much for your invitation at No. 29.1. But I have to submit, Your Honor, that I find your checklist to be a bit vague. As an example, if I put “2” in the box for “Chance of being hurt or killed”, would it mean lesser, even, or greater chance of being hurt or killed, and on what grounds/principle?

    And I’m also sorry not to be able to comment on something that is “still-to-be-defined-but-actually-happening cyber adultery”.

    • Possible consequences in Adulterous Sex WITH Contact:

      Pleasure, check
      Mental problems (e.g., guilt, depression, delusion), check
      Sexually transmitted infections, check
      Marital problems, check
      Lives of children greatly affected, check
      Pregnancy, check
      Chance of being blackmailed, check
      Chance of being ostracized by the community, check
      Chance of being hurt or killed, check

      Possible consequences in Adulterous Sex WITHOUT Contact:

      Pleasure, check
      Mental problems (e.g., guilt, depression, delusion), check
      Sexually transmitted infections, Not applicable
      Marital problems, check
      Lives of children greatly affected, check
      Pregnancy, Not applicable
      Chance of being blackmailed, check
      Chance of being ostracized by the community, check
      Chance of being hurt or killed, check

      • @joedelacruise,

        They are both in existence. The former is already a criminal act. The latter may not pass the standard of being a crime.

        However, their consequences are almost the same.

        Must the Cybercrime Prevention Act of 2012 be made to prevent Case No. 2 or must the State totally/completely ignore the existence of Case No. 2?

      • Katoto,

        Pregnancy, Not applicable

        How about a mail-to-order sperm in the future? Probably packed in a dry ice preserved styro , in a pressure-packed Hera-ready cartridge fitted with some sensors to detect the contraction in the female internals which characterizes the Big O. Timed release such that in the middle of the Big O, the contents that has been pre heated already to the body temperature will be spewed out. ;-)

  5. my comment is off topic but i am reading and left about bishops and priests directing their energy at encouraging their flock not to elect candidates who voted for the rh bill.
    the latest is of course the latest tirade from archbishop arguelles. heartwarming however is the fact that influential persons (fr bernas, ernesto pernia of u.p.) as well as ordinary persons (the latest being an the letter to the editor page of inquirer today) are also writing persuasive arguments urging the church officials to desist from what they are doing.

    isn’t it time for our popular cardinal tagle to step in and awaken his priests to the likelihood that the catholic church in the philippines will be abandoned by its educated flock. or is that the motivation behind the anti-rh stand of politicians and church officials- keep them many, keep them poor, keep them uneducated so it will be easier to threaten/manipulate/intimidate them?

    it behooves us to focus our attention on the may elections. electioneering has started. there are so many we need to awaken to the issues raised above.

    • correction: first line should red ‘reading right and left about…..”. third line second paragraph should read ” (the latest being one in the letter to the editor page page)”.

      • THIS COMING ELECTION will be a vote of confidence of the church !!!

        Bantay kayo mga walang hiya na mga pari . We will vote for those who were in favor of RHBill.

        DOWN WITH THE CHURCH !!!! You have oppressed the Filipino minds for a long long time.

    • @f

      Let them do what they perceive/believe is right for the interest of the church, that is their job.

      There is a glimmer of hope that even the poor knows how to count with their fingers and toes. If contraceptives are available/accessible to them, then they instinctively use them.

      Couples basic needs are: food, shelter, and sex.

      Food-the destitute to survive reluctantly became subhuman just to fill their stomachs with ‘Pagapag’.

      Shelter-the homeless actually has plenty of free choices: under the bridge, a makeshift kariton, or even the sidewalks, and many more unoccupied nooks.

      Sex- basically a need and the cheapest form of entertainment, but the consequence is opposite. With contraceptives, the dire consequence is reduced.

      Four hundred years as our provider of unsolicited guidance and wisdom on our reproductive choices has been a failure. Even the uneducated and the maleducated meek has doubts when suffering presently in hell.

      So let the priests, the annointed saviors of our souls, let them, let them, for their influence among the majority of the flock will wane.

  6. FIRE!

    I understand sex with or without contact outside the contract (marriage, that is) is like playing with fire.

    “If you play with fire you are likely to get burnt”, they say.

    In relation to RA 10175 (AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES)…

    SEC. 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.

    Cyber Arson now exists, well, once AADCPFTPISATIOPTAFOP is already imposable.

    —–
    Note: As I can see that five (5) per cent are already BORED at the time of this posting, I believe “fire” can elicit readers’ attention same as “sex”. Hope this “Fire!” works on those who are bored.

    • @Baycas

      You have the right of free speech, but with some limitations.

      Shouting FIRE inside a Cyber Theater or Cyber Cinema can put you in trouble!

      Most of us here, while watching YouTube movies (I swear, I was not watching that porn… Really!…) panicked, ran out from my house naked, when you shouted FIRE!.

      Luckily, it was false alarm, otherwise I could have saved only a bottle of Jergens and a box of tissues.

      I might sue you… :-)

    • There is this FIRE! the cop shouted and ‘landed’ in a hospital, hand [not burned] ‘shot’ kuno – he’s lying on bed and not on a wheel chair

      “Single shot from 1st SUV

      “When they refused to go down, the soldiers retreated to the line of soldiers and policemen and then a man in civilian clothes leading the group shouted, ‘Fire,’” De Lima said.

      Policemen and soldiers peppered the first vehicle with bullets.

      De Lima said that according to the witnesses, a single shot was fired from inside the first vehicle.

      “The witnesses said they even saw the [spent case fly] out the window from the driver’s side of the first vehicle. “Then it was followed by another order to fire from the same person in civilian clothes at the checkpoint,” she said.

      De Lima said the first burst of gunfire lasted about 20 seconds and the second, about eight seconds.

      Then from the second vehicle, she said, Lontok and another man stepped out, their hands raised.

      But “a uniformed soldier with a rifle and a civilian with a handgun” shot the two men, De Lima said.

      She said Lontok’s body was found in a roadside ditch, where it rolled after the environmentalist was shot.

      Police records showed Lontok was hit 14 times. He took one shot to the head, one to the throat, one to the chest, two to the back, and nine to the legs. ”

      What are the chances now of ordinary innocent travelers on highways in the country approaching check or KILLING POINTS manned by cops in civilian clothes and soldiers in full battle gear? ZERO!

      FIRE! And gov’t keeps saying “This will [not] happen again.” It keeps on happening. The roles of our PNP cops now are now different: To Protect Themselves and to KILL the others!

      This is off topic but FIRE! is not. Getting back that bored 5%?… @@baycas & Parekoy….

  7. With passing of the RH Law, the next logical step is Divorce Law!

    If congress proposes a Divorce Bill, then adultery laws will be reviewed to harmonize the intents of the Family Code.

    Most likely the proponents of Divorce Bill are also going to push for the elimination of Adultery or lessening the punishment regarding Adultery. Adultery will just be treated as a strong example of infidelity, which will be one of the grounds for divorce. Spousal abuse, rape, neglect, insanity, or even irreconcilable differences can be grounds for divorce. Alimony and child support will of course be the consequence. Alimony could be conditional, like if the party who was guilty of adultery or concubinage will not be entitled to received any amount, there might be even some monetary award for the aggrieved.

    Adultery can also be harmonized wth Cybercrime Law, and congress will review and decide the definition of cyber sex.

    If the above are accomplished, then I can commend the law of representatives, for once, did their jobs.

    The Philippine Constitution is a living document, it should go with the need of the times! It should grow its backbone and divorce itself from the dominant influence of the Catholic church and it should be true to the needs of its citizens, regardless of their religious beliefs.

    • Calling on Bar Reviewees!

      You can hone your debating skills here, educate us, at the same time have fun.

      I suggest you can have a handle like, PLM001, Arneo001, UP001, Bedan001, etc, for obvious affiliation.

      Shout out to PLM debaters for defeating Ateneo Law about the firecrackers issue!

    • Again! Lawmerriers gonna pass another important bill – DIVORCE? Same style – no study, no consultation, no enough time, YES hurriedly!

      We don’t trust ’em anymore! They have the vote numbers of defective bills passed, the trend now.

      We’re being fooled and mistreated by them. Politics are mixed with personal gains at our expense. We should see to it that some of our lawmerriers be out of office to recoup the integrity and credibility of lawmaking in Congress.

      Imagine even people’s money are mistreated as GIFTS these days! to lawmerriers. Broaday lights no shame while many people, like in the South, are in so much dire need of HELP.

      Disgusting situation!

      • Senator vs Senator vs Senator…! pera perahan palagi! Read this link

        “nterAksyon.com
        The online news portal of TV5

        MANILA, Philippines – Claiming that a colleague in the Senate is using government funds for personal expenses, Sen. Panfilo Lacson on Thursday urged the Commission on Audit to examine how senators disburse money from their regular and additional maintenance and other operating expenses (MOOE).

        “The desired end state of my proposal is to file graft charges against the senator concerned if the evidence warrants,” said Lacson in a text message to reporters.

        The legislator allegedly uses MOOE to pay for the salaries of maids, buy groceries for the family, as well as pay for the rent of a satellite office within a property that the lawmaker owns, according to Lacson, adding that thdetails about his colleague’s expenses are documented and are “in the records of the Senate.”

        “All I can say is, isang senador lang ‘yong mga maids sa bahay sa Senate naka-payroll, ‘yong asawa, may grocery allowance sa Senate at ‘yong satellite office rental, sarili niyang property,” said Lacson in a separate radio interview Thursday.

        Earlier, Lacson engaged in verbal tussle with Sen. Miriam Defensor Santiago calling the latter a “crusading crook.” Santiago also called Lacson the attack dog of Senate president Juan Ponce Enrile, who gave 18 senators P1.6 million each last year for their additional MOOE.

        Last week, Santiago also called on the COA to examine and reveal to the public the “so-called savings”of the heads of the Senate, the House of Representatives, and other goverenment agencies.

        Santiago said the COA audit would ensure “transparency” on how leaders of Congress and other heads of public offices use their “enforced savings,” which she called “the grandmama of all scandals.”

        Tama yun MRP sa ibang mga sulat nya! Early to fight early to bite! Elections coming unclean & bright! Look to your right…ekk! Look to your left…ekkk uli ! What’s happening to our senate, Mr. congressman?

        • They do pray for one another. But during fighting, in words naman, can we say one or both abandons or forgets the prayers?…

          “Chuanico said that the bursting of Santiago’s eye blood vessels was a definite warning sign that she is at risk of a stroke.

          “Technically, Sen. Santiago suffered a mild stroke after her television interview. Fortunately, the stroke went to her eye instead of her brain. If she continues as usual, a second stroke will be imminent,” Chuanico said.

          Enrile said that he would pray for the recovery of Santiago.

          “I am saddened by what happened to her. I’m sorry that she has to suffer that kind of pressure so I will pray for her recovery,” Enrile said. – With Marvin Sy”

          We don’t know…

      • Philippines is the only country in this world that do not have divorce law. What is the need to study and consult whom?

        The simplest reason for divorce is “irreconcilable differences” if either of the party refuses to reconcile then that is acceptable ground.

  9. sigurado walang absent sa senado sa usaping cybersex. lahat kukuha ng kalutasan sa kanilang mga problema sa sexlife nila kasi halos LAHAT ng andun puro adulterer. cyberlibel ba ito komento ko? wala akong sinabing pangalan ha. pero totoo ito.