New York prosecutors have charged a woman with criminal adultery after she was arrested allegedly during a tryst with a man in a public park. Suzanne Corona, 41, is the 13th person charged with adultery in New York since 1972. I have previously written about the unconstitutionality of these laws.
Corona from Batavia, N.Y. allegedly was found on a picnic table near a playground having sex with Justin Amend, 29, at 5 pm. While it is not unknown to have couples going to parks for trysts, such an act at 5 pm near a playground would be pretty shocking. Police say that there were parents and children nearby.
They were charged with public lewdness — a reasonable charge under the circumstances. However, prosecutors tacked on an adultery charge for Corona when they discovered she was married.
When confronted, the couple insisted that they were “just talking.”
Genesee County District Attorney Larry Friedman is pressing the charge despite the fact that it is facially unconstitutional. I have previously written how these morality laws should be removed from the books, particularly after the decision in Lawrence v. Texas. Notably, Corona told officers that her husband was “transgender” and that they no longer had intimate relations. She should challenge the law and I expect that she would prevail. It is shows a distinct lack of prosecutorial judgment to bring such a charge in 2010.