The trial is over, and although I did not have to testify, I find myself pondering some of the facts of the case. The incident involves a formerly married couple who were married at the time, but have since divorced. The wife lived in my house during the week while attending graduate school, and on the weekends went home to LA to be with her husband. I am not sure if they had any marital problems at this time, but it was not a “separation”—it was merely having a separate residence for the convenience of going to school.

The husband hired a Private Investigator to stalk her wherever she went, and he found out that she was hanging out a lot with another male. For whatever reason--be it to take what he feels is his, or just to assert his dominance over her in a fit of jealousy--he decided to take all her cash (a few thousand dollars), her wedding ring, and some photo negatives that contained images of the wife and her new male friend, whom she is now seeing.

The method of obtaining these items was a bit underhanded--he did not enter through the front door, nor did he discuss the idea of taking this items from her beforehand. He instead pried open her window, took the items, and fled. She realized immediately upon coming home that these items were missing and, freaking out, she told our landlady that she had been robbed. She just assumed it was someone random, never thinking it might be someone she knew--especially not someone to whom she was married.

I am not sure how much of the money was hers; I do not know if they shared all money, if she earned all of it herself, or any other specifics. I am not sure under what terms this wedding ring was given or why she wasn't wearing it. As far as the negatives, they were pictures taken on her camera, with her film, separate from him, and containing images of events he did not attend.

My question is: How much of a right did he have to this stuff? How much property in a marriage is communal? Does this apply if one of the individuals resides in two locations? If the wife decided to put the money in a bank instead of leaving it all in her room, would it have been in a separate or a joint account? What crimes have actually been committed? Was it just breaking and entering, or also burglary?

I kind of think that since the stuff was in a room in another residence and that the money was probably earned by her, that it was more hers than his. At the very least, I think that if he wanted to take it, he should've talked to her about it first and not broken in.

This married couple is Chinese and our other Chinese housemate has pointed out in China, none of this would be against the law. The husband has a right to take any of his wife's possessions, wherever they may reside. This housemate was actually appalled that we reported the incident to the police, since he did not feel that any crime had been committed. Obviously these are the views of people that have been born and raised in China. I am curious though, as to what people born and raised in the United States think. Did the husband break the law? If so, which laws were broken?

I am not sure exactly what the outcome of the trial was, but he was found guilty. If he had agreed to pay restitution, the charges would have been dropped. He was sentenced to 6 months, but of course could get out sooner. The part I am uncertain about is what charges he was found guilty of--or even what charges were against him in the first place. If I find out, I will amend this entry, but I think that regardless, it's an interesting topic. It seems some people feel this is a crime, and others not. Anyone who would like to express their opinion is encouraged to post a comment.

Posted at 2:24 PM |