Glendale man cites AZ law, calls cops on cheating wife - CBS 5 - KPHO

Glendale man cites AZ law, calls cops on cheating wife

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GLENDALE, AZ (CBS5) -

Many people would be shocked to learn that cheating on their spouse is against the law.

Not only is adultery illegal here in Arizona, but morality is legislated in half the United States as well.

A man from Glendale got so fed up with his wife's alleged cheating, he filed a police report under the state's anti-adultery law.

Dave Banks believes the archaic law should be enforced because he says there's nothing else being done to save families these days.

He said more than 10 years ago, his wife started cheating on him. "She's had seven or eight affairs that I know of," he said.

He stayed in the marriage, he said, because they have two sons. But Banks learned through Glendale's Victim Assistance Program that infidelity was not only a marital matter, it's criminal.

ARS 13-1408 makes adultery a class-three misdemeanor in Arizona.

"If they used it all the time, maybe women or men would think twice about going and jumping in the sack and throwing away their marriage," Banks said.

He says it took years for Glendale PD to finally take his report.  

When his wife of 17 years, Traci Banks, got the call from Glendale Detective Larry Gonzales, she was amused.

"Everybody thinks it's funny, everybody," she said.

She says even though the couple is living separately, they are still legally married because she can't afford a divorce. She admits to having two affairs.  "It's (the marriage) been over. Did I feel bad or guilty? No," she explained.

Dave Banks says he got frustrated when the detective told him prosecutors would likely decline pursuing a conviction under the puritanical law. 

"How do they get to pick and choose which laws they can and can't enforce? They got somebody readily admitting guilt. Seems to me that's a rubber stamp right through the court system," he said.

Banks said the detective also told him something else: "It's about time she got on with her life and you get on with yours."

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