
[Middle English, from Old French adultere, from Latin adulterium, from adulter, adulterer. See adulterate.]
For more information on adultery, visit Britannica.com.
Definition: (sexual) promiscuousness
Antonyms: faithfulness, fidelity
On the basis of Wisdom Literature (e.g., Job 31:9-12) and prophetic condemnation (Jer. 5:8, etc.), the rabbis expanded both the moral and the legal implications of marital infidelity. Thus, one who gazes at a married woman with lustful eyes is also called an adulterer (Lev. R. 23:12); likewise the wife who thinks of another man while having intercourse with her own husband. Both the adulterer and the adulteress belong to the category of those for whom eternal punishment is reserved in the hereafter (BM 58b). As a crime endangering human society, adulterous conduct is prohibited by the seven Noachide Laws and is therefore applicable to mankind as a whole; together with idolatry and murder, it constitutes one of the commandments for which a Jew must be prepared to accept martyrdom rather than transgress (San. 74a). The method of the biblically ordained penalty of death for this offense is not specified, but the Talmud interprets it as death by strangulation. In Jewish law, however, the death penalty for this (or any other) crime might only be imposed if the offending parties had been duly forewarned and two witnesses had also given evidence as to their misconduct. A classic exception to this rule was the woman suspected of adultery who uderwent an ordeal known as "the waters of bitterness" to determine her guilt or innocence (Num. 5:12-31; see Sotah). Halakhic regulations stipulate that a husband may give his wife a bill of Divorce when he has good reason to suspect, or proof of the fact, that she has committed adultery. Once the case has been established, such a husband must divorce his unfaithful wife (even if he is willing to forgive her) and she cannot then marry her lover. Any offspring of an adulterous union, termed a mamzer, can only marry another mamzer or a proselyte (see Illegitimacy). Though severely condemned, relations between a married man and an unmarried woman do not constitute adultery in Jewish law and the child of such a union suffers from no religious disabilities. For the legal aspects of rape, a different type of felony, see Sexual Offenses. See also Husband-Wife Relationship.
Voluntary sexual relations between an individual who is married and someone who is not the individual's spouse.
Adultery is viewed by the law as an offense injurious to public morals and a mistreatment of the marriage relationship.
Statutes attempt to inhibit adultery by making such behavior punishable as a crime and by allowing a blameless party to obtain a divorce against an adulterous spouse.
Although adultery has ordinarily been regarded as a legal wrong, it has not always been considered a crime. Historically it was punishable solely in courts created by the church to impose good morals. In the ecclesiastical courts, adultery was any act of sexual intercourse by a married person with someone not his or her spouse. The act was considered wrongful regardless of whether or not the other person was married. At common law, adultery was wrongful intercourse between a married woman and any man other than her husband.
Criminal Laws
Several state legislatures have statutorily defined adultery as a crime. The public policy reason for this classification is to further peace and order in society by preservation of the sanctity of family relationships and to proscribe conduct that undermines such relationships.
Under some statutes, both parties to an adulterous relationship are guilty of a crime if either of them is married to someone else. Other statutes provide that the act is criminal only if the woman is married.
Under the law of some states, one act of adultery constitutes a crime, whereas in others, there must be an ongoing and notorious relationship. The punishment set by statute may be greater for an individual who engages in repeated acts of adultery than for one who commits an isolated act.
Defenses
An individual who has been charged with committing adultery may have a valid legal defense, such as the failure or physical incapacity to consummate the sex act.
A woman is not guilty of adultery if the sex act resulted from rape. Some states recognize ignorance of the accused regarding the marital status of his or her lover as a defense. In some states, only the married party can be prosecuted for adultery. If the other party to the relationship is not married, he or she may be prosecuted for fornication instead of adultery.
Initiation of Criminal Proceedings
Under some statutes, a prosecution for adultery can be brought only by the spouse of the accused person although technically the action is initiated in the name of the state. Other states provide that a husband or wife is precluded from commencing prosecution for adultery since those states have laws that prohibit a husband or wife from testifying against his or her spouse. In such states, a complaint can be filed by a husband or wife against the adulterous spouse's lover.
Evidence
Customary rules prescribe the types of evidence that can be offered to prove guilt or innocence. There must be a showing by the prosecutor that the accused party and another named party had sexual relations. Depending on state statutes, the prosecutor must show that either one or both parties to the adultery were wed to someone else at the time of their relationship.
Evidence of a chance to have sexual relations coupled with a desire, or opportunity and inclination, might be sufficient to prove guilt. Photographs, or the testimony of a witness who observed the couple having sexual intercourse, is not necessary. The fact that a married woman accused of adultery became pregnant during a time when her husband was absent might be admissible to demonstrate that someone, other than her spouse, had access to her for the op- portunity of engaging in illicit sex. In addition, evidence that an accused woman gave birth to an illegitimate child might also be admissible.
Letters in which the accused parties have written about their amorous feelings or clandestine encounters may be introduced in court to support the assertion that the parties had the inclination to engage in sexual relations. Character evidence indicating the good or bad reputation of each party may be brought before the jury. Although evidence of a woman's sexual relationships with men other than the party to the adultery generally cannot be used, if her reputation as a prostitute can be demonstrated, it may be offered as evidence.
Suspicious activities and incriminating circumstances may be offered as circumstantial evidence.
Enforcement of Statutes
Although adultery is a crime in many states, the prosecution of offenders is rare. The legal system of the United States is currently reevaluating crimes such as adultery in light of the question of whether or not it is expedient to use jail time and fines to punish consenting adults for their sexual activities, even when family stability is threatened.
As a Defense
Occasionally, adultery has been successfully asserted as a defense to the crime of murder by an individual charged with killing his or her spouse's lover. Courts are loath, however, to excuse the heinous crime of murder on the ground that the accused party was agitated about a spouse's adulterous activities, unless the spouse acted in heat of passion.
Divorce
Based on the state's interest in the marital status of its residents, all legislatures had traditionally assigned statutes enumerating the grounds on which a divorce would be granted. These grounds, listed separately in the laws of each jurisdiction, generally included desertion, nonsupport, and adultery.
The basis of adultery as a ground for divorce has been discussed in various cases. There is an overriding public policy in favor of preserving the sanctity of marital relationships and family unity, and a fear that adultery will serve to undermine these societal objectives.
Recent changes in divorce laws, primarily the enactment of no-fault divorce statutes in many states, have made it easier for couples seeking divorce to end their marriages without having to prove adultery or any other ground. In the past many unhappy couples resorted to trickery to attempt to obtain a divorce through staging the discovery of allegedly adulterous conduct.
See: Family Law; Husband and Wife; Marriage.
Quotes:
"What men call gallantry, and gods adultery, is much more common where the climate's sultry."
- Lord Byron
"According to my sister, the expert novelist Jackie Collins, most men stray. And sex doesn't mean anything to most men. But I wouldn't date a man who slept around. Absolutely not. I've divorced people for that."
- Joan Collins
"Life is a game in which the rules are constantly changing; nothing spoils a game more than those who take it seriously. Adultery? Phooey! You should never subjugate yourself to another nor seek the subjugation of someone else to yourself. If you follow that Crispian principle you will be able to say Phooey, too, instead of reaching for your gun when you fancy yourself betrayed."
- Quentin Crisp
"My attitude toward men who mess around is simple: If you find 'em, kill 'em."
- Loretta Lynn
"You know that the Tasmanians, who never committed adultery, are now extinct."
- W. Somerset Maugham
"Adultery is the application of democracy to love."
- H. L. Mencken
See more famous quotes about Adultery

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Adultery (also called philandery, anglicized from Latin adulterium) is voluntary sexual intercourse between a married person and someone other than the lawful spouse. Religious and legal interpretations of what constitutes adultery vary widely.
The term adultery has an Abrahamic origin, though the concept predates Judaism and is found in many other societies. The definition and consequences vary between religions, cultures, and legal jurisdictions, but the concept is similar in Judaism, Christianity, Hinduism and Islam.[1]
Historically, adultery has been considered to be a serious offense by many cultures. Even in jurisdictions where adultery is not itself a criminal offense, it may still have legal consequences, particularly in divorce cases. For example, where there is fault-based family law, it almost always constitutes grounds for divorce, it may be a factor to consider in a property settlement, it may affect the status of children, the custody of children, etc. Moreover, adultery can result in social ostracism in some parts of the world.
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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]".[2] Thus, the "purity" of the children of a marriage is corrupted, and the inheritance is altered. The law often uses the word "adulterate[d]" to describe contamination of food and the like.[3]
Three recent 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.[4][5][6] Other studies in the US have higher numbers (see United States below).
In the traditional English common law, adultery was a felony. Although the legal definition of "adultery" differs in nearly every legal system, the common theme is sexual relations outside of marriage, in one form or another.
For example, New York defines an adulterer as a person who "engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse."[7] North Carolina defines adultery as occurring when any man and woman "lewdly and lasciviously associate, bed, and cohabit together."[8] Minnesota law provides: "when a married woman has sexual intercourse with a man other than her husband, whether married or not, both are guilty of adultery."[9] As recently as 2001, Virginia prosecuted an attorney, John R. Bushey of Luray, for adultery, a case that ended in a guilty plea and a $125 fine.[10][11] Adultery is against the governing law of the U.S. military.[12]
In common-law countries, adultery was also known as "criminal conversation". This became the name of the civil tort arising from adultery, being based upon compensation for the other spouse's injury.[13] Criminal conversation was usually referred to by lawyers as "crim. con.", and was abolished in England in 1857, and the Republic of Ireland in 1976. Another tort, alienation of affection, arises when one spouse deserts the other for a third person.[14] This act was also known as desertion, which was often a crime as well.[15] A small number of jurisdictions still allow suits for criminal conversation and/or alienation of affection.[16] Because of its abuse, at least one jurisdiction (Nevada) has abolished the tort of alienation of affection and has made it a misdemeanor crime to file such a lawsuit.
A marriage in which both spouses agree ahead of time to accept sexual relations by either partner with others is sometimes referred to as an open marriage or the swinging lifestyle. Both are a form of non-monogamy, and the spouses would not view the sexual relations as adultery, although it could still be considered a crime in some legal jurisdictions.
In Canada, though the written definition in the Divorce Act refers to extramarital relations with someone of the opposite sex, a British Columbia judge used the Civil Marriage Act in a 2005 case to grant a woman a divorce from her husband who had cheated on her with another man, which the judge felt was equal reasoning to dissolve the union.
Durex's Global Sex Survey has found that worldwide 22% of people surveyed have had extramarital sex.[17][18]
A 2005 scientific review of international published studies of paternal discrepancy found a range in incidence from 0.8% to 30% (median 3.7%), suggesting that the widely quoted figure of 10% of non-paternal events is an overestimate.[19]
Alfred Kinsey found in his studies that 50% of males and 26% of females had extramarital sex at least once during their lifetime.[20] Depending on studies, it was estimated that 26–50% of men and 21–38% women,[21] or 22.7% of men and 11.6% of women, had extramarital sex.[6] Other authors say that between 20% and 25% of Americans had sex with someone other than their spouse.[22]
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In the Greco-Roman world there were stringent laws against adultery, but these applied to sexual intercourse with a married woman. In the early Roman Law the jus tori belonged to the husband. It was therefore not a crime against the wife for a husband to have sex with a slave or an unmarried woman.[23]
It is well known that the Roman husband often took advantage of his legal immunity. Thus we are told by the historian Spartianus that Verus, the imperial colleague of Marcus Aurelius, did not hesitate to declare to his reproaching wife: "Uxor enim dignitatis nomen est, non voluptatis." ('Wife' connotes rank, not sexual pleasure, or more literally "Wife is the name of dignity, not bliss") (Verus, V).
Later in Roman history, as William E.H. Lecky has shown, the idea that the husband owed a fidelity similar to that demanded of the wife must have gained ground, at least in theory. Lecky gathers from the legal maxim of Ulpian: "It seems most unfair for a man to require from a wife the chastity he does not himself practice".[24]
The lending of wives practiced among some people was, as Plutarch tells us, encouraged also by Lycurgus, though from a motive other than that which actuated the practice (Plutarch, Lycurgus, XXIX). The recognized license of the Greek husband may be seen in the following passage of the Oration against Neaera, the author of which is uncertain, though it has been attributed to Demosthenes:
The Roman Lex Julian, Lex Iulia de Adulteriis Coercendis (17 BC), punished adultery with banishment [25] The two guilty parties were sent to different islands ("dummodo in diversas insulas relegentur"), and part of their property was confiscated.[25] Fathers were permitted to kill daughters and their partners in adultery. Husbands could kill the partners under certain circumstances and were required to divorce adulterous wives.
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The Hebrew Bible (the Tanakh or Old Testament) prohibits adultery in the seventh of the Ten Commandments (Exodus 20:14). Adultery in traditional Judaism applies equally to both parties, but it only applied in situations where the woman is married (Lev. 20:10). The punishment in the Hebrew bible for adultery is stoning to death.
Adultery is considered by Christians to be immoral and a sin, based primarily on passages like 1 Corinthians 6:9–10. Although 1 Corinthians 6:11 does say that "and that is what some of you were. But you were washed", it still acknowledges adultery to be immoral and a sin. The sixth commandment (seventh in some traditions) ("Thou shalt not commit adultery") is also a basis, but see also Biblical law in Christianity.
Jesus taught that indulgence in adulterous thoughts could be just as harmful to the soul as actual adultery, and it is clear that both carry the same weight of guilt:
and he also says
Some churches have interpreted adultery to include all sexual relationships outside of marriage, regardless of the marital status of the participants.[26]
Adultery in traditional Judaism applies equally to both parties, but depends on the marital status of the woman (Lev. 20:10). Though the Torah prescribes the death penalty for adultery, the legal procedural requirements were very exacting and required the testimony of two witnesses of good character for conviction. The defendant also must have been warned immediately before performing the act.[27]
At the civil level, however, Jewish law (halakha) forbids a man to continue living with an adulterous wife, and he is obliged to divorce her. Also, an adulteress is not permitted to marry the adulterer, but, to avoid any doubt as to her status as being free to marry another or that of her children, many authorities say he must give her a divorce as if they were married.[28]
Also, Jewish law recognizes the "law of the land" in these matters, so that if the law of the land has greater restrictions, then they will also apply.[citation needed]
According to Judaism, the Seven laws of Noah apply to all of humankind; these laws prohibit adultery with another man's wife.[29]
Zina (زنا) is an Arabic term for illegal intercourse; premarital or extramarital. Various conditions and punishments have been attributed to adultery.
Under Muslim law, adultery in general is sexual intercourse by a person (whether man or woman) with someone to whom they are not married. Adultery is a violation of the marital contract and one of the major sins condemned by God in the Qur'an:
Qur'anic verses prohibiting adultery include:
Punishments are reserved to the legal authorities and false accusations are to be punished severely.[30] It has been said that these legal procedural requirements were instituted to protect women from slander and false accusations: i.e. four witnesses of good character are required for conviction, who were present at that time and saw the deed taking place; and if they saw it they were not of good moral character, as they were looking at naked adults; thus no one can get convicted of adultery unless they both themselves agree and give their confession under oath four times [31]
In Native American cultures, severe penalties could be imposed on an adulterous wife by her husband. In many instances she was made to endure a bodily mutilation which would, in the mind of the aggrieved husband, prevent her from ever being a temptation to other men again.[32][33]
The Laws of Manu of ancient India, for example, said: "though destitute of virtue or seeking pleasure elsewhere, or devoid of good qualities, yet a husband must be constantly worshiped as a god by a faithful wife"; on the other, hand, "if a wife, proud of the greatness of her relatives or [her own] excellence, violates the duty which she owes to her lord, the king shall cause her to be devoured by dogs in a place frequented by many."[34]
In England and its successor states, it has been high treason to engage in adultery with the King's wife, his eldest son's wife and his eldest unmarried daughter. The jurist Sir William Blackstone writes that "the plain intention of this law is to guard the Blood Royal from any suspicion of bastardy, whereby the succession to the Crown might be rendered dubious." Adultery was a serious issue when it came to succession to the crown. Philip IV of France had all three of his daughters-in-law imprisoned, two (Margaret of Burgundy and Blanche of Burgundy) on the grounds of adultery and the third (Joan of Burgundy) for being aware of their adulterous behaviour. The two brothers accused of being lovers of the king's daughters-in-law were executed immediately after being arrested. The wife of Philip IV's eldest son bore a daughter, the future Joan II of Navarre, whose paternity and succession rights were disputed all her life.[35]
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In some East Asian countries or regions, including North Korea, South Korea and Taiwan,[36] adultery continues to be a crime. In the Philippines, adultery (defined as consensual sexual intercourse between a married woman and a man who is not her husband) and a related act of concubinage (a man cohabiting with a woman who is not his wife), are considered crimes under the Revised Penal Code of the Philippines. Adultery is not a crime in mainland China, but constitutes grounds for divorce.[37]
In Pakistan, adultery is a crime under the Hudood Ordinance. The Ordinance sets a maximum penalty of death, although only imprisonment and corporal punishment have ever actually been imposed.[citation needed] The Ordinance has been particularly controversial because it requires a woman making an accusation of rape to provide extremely strong evidence to avoid being charged with adultery herself. A conviction for rape is only possible with evidence from no fewer than four witnesses. In recent years high-profile rape cases in Pakistan have given the Ordinance more exposure than similar laws in other countries.[38] Similar laws exist in some other Muslim countries, such as Saudi Arabia.
In Indian law, adultery is defined as sex between a man and a woman without the consent of the woman's husband. The man is prosecutable and can be sentenced for up to five years (even if he himself was unmarried) whereas the married woman cannot be jailed.[citation needed] Men have called the law gender discrimination in that women cannot be prosecuted for adultery[39] and the National Commission of Women has criticized the British era law of being anti-feminist as it treats women as the property of their husbands and has consequentially recommended deletion of the law or reducing it to a civil offense. The Government is yet to act.[40] Extramarital sex without the consent of one's partner can be a valid grounds for monetary penalty on government employees, as ruled by the Central Administrative Tribunal.[41]
In Southwest Asia, adultery has attracted severe sanctions, including death penalty. In some places, such as Saudi Arabia,[42] the method of punishment for adultery is stoning to death. Proving adultery under Muslim law can be a very difficult task as it requires the accuser to produce four eye witnesses to the act of sexual intercourse, each of whom should have a good reputation for truthfulness and honesty. The criminal standards do not apply in the application of social and family consequences of adultery, where the standards of proof are not as exacting.[citation needed]
Most European countries have decriminalized adultery. Adultery is not a crime in most countries of the European Union, including Austria, the Netherlands, Belgium, Finland, Portugal, Italy, Spain, Greece or Sweden.
In the United States, laws vary from state to state. In those states where adultery is still on the statute books (although rarely prosecuted), penalties vary from life sentence (Michigan)[43] to a $10 fine (Maryland) to a Class B misdemeanor (New York)[44] to a Class I felony (Wisconsin).[45]
In the U.S. Military, adultery is a potential court-martial offense.[12] The enforceability of adultery laws in the United States is unclear following Supreme Court decisions since 1965 relating to privacy and sexual intimacy of consenting adults.[46] However, occasional prosecutions do occur.[47]
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 .[48] Adultery can be emotionally traumatic for both spouses, and often results in divorce.[49]
Adultery may lead to ostracization from certain religious or social groups.[50]
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).[51] 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.[52][53] 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.[54]
Since adultery can lead to divorce, it may have long-term consequences for children in the family. Children of divorcees are twice as likely to have problems as adults with mental illness, substance abuse, and failed relationships.[55]
If adultery leads to divorce, it also carries higher financial burdens.[56] For example, living expenses and taxes are generally cheaper for married couples than for divorced couples.[57] Legal fees can add up into the tens of thousands of dollars.[56] Divorced spouses may not qualify for benefits such as health insurance, which must then be paid out-of-pocket.[58]
Like any sexual contact, adultery may result in sexually-transmitted diseases. Since most married couples do not routinely use barrier contraceptives,[59] the cheating spouse is very likely to transmit any infection to their unwitting spouse. This is a form of physical victimization that extends beyond the emotional and social consequences often associated with infidelity.[60] Adultery is still illegal in some jurisdictions, such as Wisconsin, where it is a felony.[61]
Historically, female adultery often resulted in extreme violence, including murder (of the woman, her lover, or both, committed by her husband). Today domestic violence is outlawed in the Western World, but this is not the case in many developing countries.
Honor killings are often connected to accusations of adultery. Honor killings continue to be legal in parts of the world.
According to the report of the Special Rapporteur submitted to the 58th session of the United Nations Commission on Human Rights (2002) concerning cultural practices in the family that reflect violence against women (E/CN.4/2002/83):
Part of article 340 of the Penal Code of Jordan states that "he who discovers his wife or one of his female relatives committing adultery and kills, wounds, or injures one of them, is exempted from any penalty."[63]
In Syria, Article 548 states that "He who catches his wife or one of his ascendants, descendants or sister committing adultery (flagrante delicto) or illegitimate sexual acts with another and he killed or injured one or both of them benefits from an exemption of penalty."
According to the UN in 2002:
Stoning, or lapidation, refers to a form of capital punishment whereby an organized group throws stones at an individual until the person dies, or (in ancient Judaism) the condemned person is pushed from a platform set high enough above a stone floor that the fall would probably result in instantaneous death.[65]
Stoning continues to be practiced today, in parts of the world. Recently, several people have been sentenced to death by stoning after being accused of adultery in Iran, Somalia and Afghanistan.[66][67][68][69][70][71]
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Dansk (Danish)
n. - utroskab, ægteskabsbrud
Français (French)
n. - adultère
Deutsch (German)
n. - Ehebruch
Ελληνική (Greek)
n. - (νομ.) μοιχεία
Português (Portuguese)
n. - adultério (m)
Русский (Russian)
нарушение супружеской верности, прелюбодеяние
Español (Spanish)
n. - adulterio, infidelidad matrimonial
Svenska (Swedish)
n. - äktenskapsbrott
中文(简体)(Chinese (Simplified))
通奸, 通奸行为
中文(繁體)(Chinese (Traditional))
n. - 通姦, 通姦行為
العربيه (Arabic)
(الاسم) ألزنا
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