A court in Beijing is helping couples to fight infidelity by making it easier for a spouse to press charges against their partner.
The Haidian court will allocate more time to investigate cases of infidelity if the complainant can provide pictures, e-mails or text messages of their partner in intimate relations with another person, said judge Zhang Xuan.
Previously the court would only continue a case if it had strong evidence such as documents to prove cohabitation or sexual intercourse, Zhang said.
When a partner tries to prove his or her innocence, it’s possible for them to undergo a medical examination to prove if sex took place outside of their marriage, Zhang said.
But doctors at Peking hospital say the exam must be performed within 48 hours of sexual activity to be valid.
Doctors take a sperm sample and check activity to determine if the man has ejaculated recently. The case of women is much stronger because the hospital will check any sperm remaining in her vagina against her husband’s by using DNA techniques.
In April, a 43-year-old woman surnamed Hu sued her husband, surnamed Xue, at Haidian district court for infidelity. She also applied for divorce.
Hu presented photos of her husband with a young woman, as well as e-mails and short messages, to the court and demanded 180,000 yuan in compensation for mental damages.
Xue denied he had an affair, saying the compensation was unreasonable, and Xue refused to divorce Hu.
Hu made a court request for Xue to undergo a medical examination to prove that he was guilty. Xue agreed.
The medical examination report said: “Xue has had no sexual relationship within 48 hours, based on his sperm activity level.”
Zhang said the court strongly valued the medical examination and this prompted the couple to withdraw the case with fears of damaging their personal reputations.
From January to October, the court dealt with 2,764 divorce cases, of which 995 were triggered by extramarital affairs, according to court statistics.
Zhang said collecting relevant evidence of extramarital affairs is often difficult because the court does not accept photos obtained without permission.
“In order to protect women’s rights, we prefer the idea of stating in court that there has been ‘cold domestic violence’ as a way to support divorce request lawsuits,” she said.
Zhang said that in previous divorce lawsuits, the court always made its decision based on whether or not the couple’s emotional connection had broken down.
However, this is usually difficult to prove. Some women sue their husbands in court and apply for divorce by claiming that their husbands are showing affectionate apathy towards them, but again it is hard to prove, Zhang said.
The court said about 60 percent of citizens involved in divorce proceedings hold at least a bachelor’s degree, and men more than twice as likely to have an affair than women.
This phenomenon is largely due to men generally having higher degrees than their wives, and holding managerial positions in well-paid industries such as finance or technology.
Women play supporting roles at home and this creates an imbalance of power. According to the court, affairs frequently occur in relationships when the couples both work and travel as a result of highly paid jobs.
bron: www.chinadaily.com.cn [9-12-2009]
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