Overview Edit

Public punishment of adulterers in Venice, 17th century Susannah accused of adultery, by , by Antoine Coypel The term adultery refers to sexual acts between a married person and someone who is not that person's spouse.[10][11][12] It may arise in criminal law or in family law. For instance, in the United Kingdom, adultery is not a criminal offense, but is a ground for divorce,[13] with the legal definition of adultery being "physical contact with an alien and unlawful organ".[14] Extramarital sexual acts not fitting this definition are not "adultery" though they may constitute "unreasonable behavior", also a ground of divorce. The application of the term to the act appears to arise from the idea that "criminal intercourse with a married woman ... tended to adulterate the issue [children] of an innocent husband ... and to expose him to support and provide for another man's [children]".[15] Thus, the "purity" of the children of a marriage is corrupted, and the inheritance is altered. Some adultery laws differentiate based on the sex of the participants, and as a result such laws are often seen as discriminatory, and in some jurisdictions they have been struck down by courts, usually on the basis that they discriminated against women.[16][17] The term adultery, rather than extramarital sex, implies a moral condemnation of the act; as such it is usually not a neutral term because it carries an implied judgment that the act is wrong.[18] Adultery refers to sexual relations which are not officially legitimized; for example it does not refer to having sexual intercourse with multiple partners in the case of polygamy (when a man is married to more than one wife at a time, called polygyny; or when a woman is married to more than one husband at a time, called polyandry).

Definitions and legal constructs Edit

Punishment Edit

Punishments for adultery vary from place to place. Where adultery is illegal, the punishment varies from fines (for example in the US state of Rhode Island[39]) to caning in parts of Asia.[40][41] There are fifteen[7] countries in which stoning is authorized as lawful punishment, although in recent times it has been legally enforced only in Iran and Somalia.[8] Most stoning cases are the result of mob violence, and while technically illegal, no action is usually taken against perpetrators. Sometimes such stonings are ordered by informal village leaders who have de facto power in the community.[42] Adultery may have consequences under civil law even in countries where it is not outlawed by the criminal law. For instance it may constitute fault in countries where the divorce law is fault based or it may be a ground for tort. In some societies the law punishes the "intruder", rather than the adulterous spouse. For instance art 266 of the Penal Code of South Sudan reads: "Whoever, has consensual sexual intercourse with a man or woman who is and whom he or she has reason to believe to be the spouse of another person, commits the offence of adultery [...]".[43] Similarly, under the adultery law in India (Section 497 of the Indian Penal Code, until overturned by the Supreme Court in 2018) it was a criminal offense for a man to have consensual sexual intercourse with a married woman, without the consent of her husband (no party was criminally punished in case of adultery between a married man and an unmarried woman).

Legal issues regarding paternity Edit

Prevalence Edit

Durex's Global Sex Survey found that worldwide 22% of people surveyed admitted to have had extramarital sex.[47][48] In the United States Alfred Kinsey found in his studies that 50% of males and 26% of females had extramarital sex at least once during their lifetime.[49] Depending on studies, it was estimated that 26–50% of men and 21–38% of women,[50] or 22.7% of men and 11.6% of women, had extramarital sex.[51] Other authors say that between 20% and 25% of Americans had sex with someone other than their spouse.[52] Three 1990s studies in the United States, using nationally representative samples, have found that about 10–15% of women and 20–25% of men admitted to having engaged in extramarital sex.[51][53][54] The Standard Cross-Cultural Sample described the occurrence of extramarital sex by gender in over 50 pre-industrial cultures. The occurrence of extramarital sex by men is described as "universal" in 6 cultures, "moderate" in 29 cultures, "occasional" in 6 cultures, and "uncommon" in 10 cultures. The occurrence of extramarital sex by women is described as "universal" in 6 cultures, "moderate" in 23 cultures, "occasional" in 9 cultures, and "uncommon" in 15 cultures.[55][56]

Cultural and religious traditions Edit

Adultery and the law Edit

Consequences Edit

General Edit For various reasons, most couples who marry do so with the expectation of fidelity. Adultery is often seen as a breach of trust and of the commitment that had been made during the act of marriage.[227] Adultery can be emotionally traumatic for both spouses and often results in divorce.[228] However, in a new work, The New Rules by Dr Catherine Hakim, a British sociologist and author, refers to the United Kingdom arguing that a "sour and rigid English view" of infidelity as opposed to the 'wonderful French way' of male infidelity is condemning millions of people to live frustrated "celibate" lives with their spouses. She argues that there is such a thing as a "successful affair" in which both parties are happier but no one gets hurt: "Sex is no more a moral issue than eating a good meal," she writes. "The fact that we eat most meals at home with spouses and partners does not preclude eating out in restaurants to sample different cuisines and ambiences, with friends or colleagues."[229] Adultery may lead to ostracization from certain religious or social groups.[230] Adultery can also lead to feelings of guilt and jealousy in the person with whom the affair is being committed. In some cases, this "third person" may encourage divorce (either openly or subtly).[231] If the cheating spouse has hinted at divorce in order to continue the affair, the third person may feel deceived if that does not happen.[232][233] They may simply withdraw with ongoing feelings of guilt, carry on an obsession with their lover, may choose to reveal the affair, or in rare cases commit violence or other crimes.[234] While there is correlation, there is no evidence that divorces causes children to have struggles in later life.[235] If adultery leads to divorce, it also carries higher financial burdens.[236] For example, living expenses and taxes are generally cheaper for married couples than for divorced couples.[237] Legal fees can add up into the tens of thousands of dollars.[236] Divorced spouses may not qualify for benefits such as health insurance, which must then be paid out-of-pocket.[238] Depending on jurisdiction, adultery may negatively affect the outcome of the divorce for the "guilty" spouse, even if adultery is not a criminal offense.[239] Sexually transmitted infections Edit Further information: Sexually transmitted disease Like any sexual contact, extramarital sex opens the possibility of the introduction of sexually-transmitted diseases (STDs) into a marriage. Since most married couples do not routinely use barrier contraceptives,[240] STDs can be introduced to a marriage partner by a spouse engaging in unprotected extramarital sex. This can be a public health issue in regions of the world where STDs are common, but addressing this issue is very difficult due to legal and social barriers – to openly talk about this situation would mean to acknowledge that adultery (often) takes place, something that is taboo in certain cultures, especially those strongly influenced by religion. In addition, dealing with the issue of barrier contraception in marriage in cultures where women have very few rights is difficult: the power of women to negotiate safer sex (or sex in general) with their husbands is often limited.[241][242][243] The World Health Organization (WHO) found that women in violent relations were at increased risk of HIV/AIDS, because they found it very difficult to negotiate safe sex with their partners, or to ask medical advice if they thought they have been infected.[244]

Violence Edit

In fiction Edit

See also Edit

References Edit