When you suspect that your spouse is unfaithful, it may be tempting to take a peek at their phone or computer to confirm or allay your suspicions. However, a cautionary tale of sorts is playing out for one woman who’s sleuthing has led to more than she probably bargained for.
An Illinois wife has been sued by her husband after offering into discovery secretly obtained emails between her husband and several other women in an effort to prove his infidelity in an Illinois divorce proceeding. The woman, who allegedly put an auto forward on her husband’s email to ‘catch him in the act’, may now face wiretapping charges.
Because she accessed his email without his consent, she may be in violation of the federal Wiretapping and Electronic Surveillance Act. Although the Federal Wiretap Act is not typically used to address snooping on an adulterous spouse, a recent 7th U.S. Circuit Court of Appeals ruling has allowed the suit to move forward.
According to the woman’s attorney, the suit is just a ‘pure waste of judicial resources’ in an effort for the husband to hide his cheatin’ ways. Nevertheless, the time and expense to fight it may take the thrill out of the ‘gotcha moment’ while serving as a heads-up to other domestic detectives.
Source: ABA Journal, “Wife’s unauthorized access to husband’s emails could violate Wiretap Act, 7th Circuit says”, by Stephanie Francis Ward, accessed January 19, 2017.