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Ken Cuccinelli on Families & Children |
Those on the other side of the argument, such as conservative state Sen. Ken Cuccinelli (R-Fairfax), say the community standard test creates a bar too high. "We have a porn shop in the middle of Centreville and it's very near a school and a day-care center," says Cuccinelli. Community members contacted him about it, so he worked with the deputy prosecutor, trying to put together what essentially amounted to citizen focus groups. They tried to establish that a porn shop near a school was not embraced by the community standard. But the process was too cumbersome and the prosecutor eventually moved on to more pressing matters.
Bushey was 65 at the time of his conviction and 18 years into a marriage with Cindy Bushey, the town clerk. He pursued an affair with another woman, but when the relationship went south, she called the cops. Page County Circuit Court dropped the case after he agreed to 20 hours of community service, but the press howled that prosecuting one affair in a sea of adultery was unfair.
"I think [adultery laws] ought to stay on the books," Cuccinelli says. "Frankly it wouldn't hurt to enforce them more." He equates adultery to perjury inasmuch as the occasional prosecution or two would get people thinking twice.
