Creating a Fake Profile to Test a Partner’s Fidelity: What Are the Risks?

Creating a Fake Profile to Test a Partner’s Fidelity: What Are the Risks? In Italy, creating a fake social media profile to test a partner’s loyalty could involve legal risks. Using deceptive means to test a partner’s fidelity is considered unethical and can have legal consequences. Is Infidelity a Crime? Infidelity itself is not a crime unless it involves conduct that severely damages the dignity of the betrayed partner, potentially leading to a charge of mistreatment. According to the Italian Supreme Court, severe and offensive behavior, like flaunting relationships with other women, can be punished. Otherwise, infidelity is not a criminal offense but can lead to civil claims for damages if it harms the partner’s honor or health. In cases of marital infidelity, the betrayed spouse might seek separation with fault if the affair triggers the marital crisis. Is Creating a Fake Profile Legal? Creating a fake profile on social media to pose as someone else or to lure a partner falls under the crime of “sostituzione di persona” (identity substitution), even if no actual identity theft occurs. The penalty can be up to one year in prison. Thus, using a fake account to test a partner’s fidelity is illegal and can result in a criminal charge. However, in practice, it is usually the deceived partner who would file the complaint, making such cases relatively rare. Is Revealing an Affair a Crime? Revealing someone’s infidelity is generally not a legal issue. However, if the revelation is done through persistent and harassing means, such as sending numerous messages, it may be considered a crime. The Italian Supreme Court has ruled that repeatedly disclosing a partner’s affair or making such disclosures in a harassing manner can constitute harassment under Article 660 of the Penal Code. The same applies to an ex-lover who exposes an affair vindictively. VGS Lawyers is an Italian law firm specialised in Family Matters. In case you need assistance feel free to contact info@vgslawyers.com