The Sister Wives: Has Incest and Sexual Assault Become he New Reality? The United States District Court for the District of Utah Grants Polygamists the Holy Grail
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Authors
White, Kelly O.
Issue Date
2015
Volume
48
Issue
3
Type
Journal Article
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Abstract
INTRODUCTION|When the United States Supreme Court stated the Union has always considered polygamy an offense against society, it was reiterating Congress's intent that bigamy is a crime in all territories. In Potter v. Murray City, the United States Court of Appeals for the Tenth Circuit determined that the Reynolds v. United States decision prohibiting polygamy remains fully applicable today. Since then, Utah courts have extended the prosecution of bigamy in both religious and non-religious contexts. The Utah Supreme Court explained that criminalizing the practice of plural marriage reduced the likelihood of crimes related to its practice such as incest, sexual assault, statutory rape, and failure to pay child support. Government investigations and modern testimonials indicate that both physical and sexual abuse commonly occur within polygamist communities, due, in part, to its structure. The Utah Supreme Court in State v. Green and State v. Holm, upheld Utah's anti-bigamy statute as constitutional on multiple grounds. Under the statute, a person who has a husband or wife is guilty of bigamy when such a person cohabits with or purports to marry another person. A person is also guilty of bigamy under the statute if such person, cohabits with, or purports to marry, another person who such person knows is married...
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Citation
Publisher
Creighton University School of Law