Adultery


Adultery (from Latin adulterium) is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and is similar in Christianity, Judaism and Islam.[1] Adultery is viewed by many jurisdictions as offensive to public morals, undermining the marriage relationship.[2][3]

Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, or torture.[4] Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century. In countries where adultery is still a criminal offense, punishments range from fines to caning[5] and even capital punishment. Since the 20th century, criminal laws against adultery have become controversial, with most Western countries decriminalising adultery.

However, even in jurisdictions that have decriminalised adultery, it may still have legal consequences, particularly in jurisdictions with fault-based divorce laws, where adultery almost always constitutes a ground for divorce and may be a factor in property settlement, the custody of children, the denial of alimony, etc. Adultery is not a ground for divorce in jurisdictions which have adopted a no-fault divorce model.[citation needed]

International organizations[which?] have called for the decriminalisation of adultery, especially in the light of several high-profile stoning cases that have occurred in some countries.[which?] The head of the United Nations expert body charged with identifying ways to eliminate laws that discriminate against women or are discriminatory to them in terms of implementation or impact, Kamala Chandrakirana, has stated that: "Adultery must not be classified as a criminal offence at all".[6] A joint statement by the United Nations Working Group on discrimination against women in law and in practice states that: "Adultery as a criminal offence violates women’s human rights".[7]

In Muslim countries that follow Sharia law for criminal justice, the punishment for adultery may be stoning.[8] There are fifteen[9] countries in which stoning is authorized as lawful punishment, though in recent times it has been legally carried out only in Iran and Somalia.[10] Most countries that criminalize adultery are those where the dominant religion is Islam, and several Sub-Saharan African Christian-majority countries, but there are some notable exceptions to this rule, namely Philippines, and several U.S. states. In some jurisdictions, having sexual relations with the king's wife or the wife of his eldest son constitutes treason.[11]

The term adultery refers to sexual acts between a married person and someone who is not that person's spouse.[12][13][14] It may arise in a number of contexts. In criminal law, adultery was a criminal offence in many countries in the past, and is still a crime in some countries today. In family law, adultery may be a ground for divorce,[15] with the legal definition of adultery being "physical contact with an alien and unlawful organ",[16]while in some countries today, adultery is not in itself grounds for divorce. Extramarital sexual acts not fitting this definition are not "adultery" though they may constitute "unreasonable behavior", also a ground of divorce.


Public punishment of adulterers in Venice, 17th century
Susannah accused of adultery, by Antoine Coypel
Anne Boleyn was found guilty of adultery and treason and executed in 1536. There is controversy among historians as to whether she had actually committed adultery.[21]
Le supplice des adultères, by Jules Arsène Garnier, showing two adulterers being punished
Man and woman undergoing public exposure for adultery in Japan, around 1860
'Thou shalt not commit adultery' (Nathan confronts David); bronze bas-relief on the door of the La Madeleine, Paris, Paris.
An Aztec adulterer being stoned to death; Florentine Codex
According to legend, after being accused of adultery, Cunigunde of Luxembourg proved her innocence by walking over red-hot ploughshares.
Joan II of Navarre – her paternity and succession rights were disputed her whole life because her mother Margaret of Burgundy was claimed to have committed adultery.
Inca woman and man to be stoned for adultery, by Huamán Poma
Jesus and the woman taken in adultery by Julius Schnorr von Karolsfeld, 1860, where Jesus said that the man who was without sin should throw the first stone.