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Adultery - Wikipedia. Adultery (anglicised from Latinadulterium) is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Though what sexual activities constitute adultery varies, as well as the social, religious, and legal consequences, the concept exists in many cultures and is similar in Christianity, Islam, and Judaism. Adultery often incurred severe punishment, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, or torture. In most Western countries, adultery itself is no longer a criminal offense, but may still have legal consequences, particularly in divorce cases.
For example, in fault- based family law jurisdictions, 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. In some societies and among certain religious adherents, adultery may affect the social status of those involved, and may result in social ostracism. In countries where adultery is a criminal offense, punishments range from fines to caning. Since the 2. 0th century, criminal laws against adultery have become controversial, with international organizations calling for their abolition, especially in the light of several high- profile stoning cases that have occurred in some countries.
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: . In some jurisdictions, having sexual relations with the king's wife or the wife of his eldest son constitutes treason. For instance, in the United Kingdom, adultery is not a criminal offense, but is a ground for divorce.
There is controversy among historians as to whether she had actually committed adultery. 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. Traditionally, many cultures, particularly Latin American ones, had strong double standards regarding male and female adultery, with the latter being seen as a much more serious violation. In 1. 70. 7, English Lord Chief Justice John Holt stated that a man having sexual relations with another man's wife was . For example, New York defines an adulterer as a person who . Blanchflower, it was held that female same- sex sexual relations did not constitute sexual intercourse, based on a 1. Webster's Third New International Dictionary; and thereby an accused wife in a divorce case was found not guilty of adultery.
In 2. 00. 1, Virginia prosecuted an attorney, John R. Bushey, for adultery, a case that ended in a guilty plea and a $1.
This became the name of the civil tort arising from adultery, being based upon compensation for the other spouse's injury. Another tort, alienation of affection, arises when one spouse deserts the other for a third person.
Polyamory, meaning the practice, desire, or acceptance of intimate relationships that are not exclusive with respect to other sexual or intimate relationships, with knowledge and consent of everyone involved, sometimes involves such marriages. Swinging and open marriages are both a form of non- monogamy, and the spouses would not view the sexual relations as objectionable.
However, irrespective of the stated views of the partners, extra- marital relations could still be considered a crime in some legal jurisdictions which criminalize adultery. 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 2. In the United Kingdom, case law restricts the definition of adultery to penetrative sexual intercourse between a man and a woman, no matter the gender of the spouses in the marriage, although infidelity with a person of the same gender can be grounds for a divorce as unreasonable behavior; this situation was discussed at length during debates on the Marriage (Same- Sex Couples) Bill. It is a non- cognizable, non- bailable criminal offence. A police officer cannot arrest a person without a warrant in a case of adultery as adultery is a non- cognizable offence. Modern advances such as reliable contraception and paternity testing have changed the situation (in Western countries).
Most countries nevertheless have a legal presumption that a woman's husband is the father of her children who were born during that marriage. Although this is often merely a rebuttable presumption, many jurisdictions have laws which restrict the possibility of legal rebuttal (for instance by creating a legal time limit during which paternity may be challenged – such as a certain number of years from the birth of the child). In France, for instance, a law that stated that the inheritance rights of a child born under such circumstances were, on the part of the married parent, half of what they would have been under ordinary circumstances, remained in force until 2. France was forced to change it by a ruling of the European Court of Human Rights (ECt. HR) (and in 2. 01. ECt. HR also ruled that the new 2.
In 2. 01. 0, the ECt. HR ruled in favor of a German man who had fathered twins with a married woman, granting him right of contact with the twins, despite the fact that the mother and her husband had forbidden him from seeing the children. The occurrence of extramarital sex by men is described as .
The occurrence of extramarital sex by women is described as . 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. 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: . 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: . The recognized license of the Greek husband may be seen in the following passage of the pseudo- Demosthenic. Oration Against Neaera: We keep mistresses for our pleasures, concubines for constant attendance, and wives to bear us legitimate children and to be our faithful housekeepers.
Yet, because of the wrong done to the husband only, the Athenian lawgiver Solon allowed any man to kill an adulterer whom he had taken in the act. Husbands could kill the partners under certain circumstances and were required to divorce adulterous wives. Abrahamic religions.
Leviticus 2. 0: 1. And the man that committeth adultery with another man's wife, even he that committeth adultery with his neighbour's wife, the adulterer and the adulteress shall surely be put to death. Significantly, the penalty does not extend to sex by an unmarried woman and irrespective of the marital status of the man. Furthermore, Deuteronomic code prescribes stoning not only for female extramarital sex, but also for female premarital sex in the case where the woman lies about her virginity: If any man take a wife, and go in unto her, . It also prescribes the same for engaged women who lie with another man, under the premise that if she allows the action without protesting, this indicates willingness. If a damsel that is a virgin be betrothed unto an husband, and a man find her in the city, and lie with her; / Then ye shall bring them both out unto the gate of that city, and ye shall stone them with stones that they die; the damsel, because she cried not, being in the city.
Adultery is considered by Christians to be immoral and a sin, based primarily on passages like Exodus 2. Corinthians 6: 9–1. Although 1 Corinthians 6: 1. But you were washed. Adultery was decriminalized in Argentina in 1. The Book of Mormon also prohibits adultery.
For instance, Abinadi cites the Ten Commandments when he accuses King Noah's priests of sexual immorality. Adultery in traditional Judaism applies to both parties, but depends on the marital status of the woman (Lev. Though the Torah prescribes the death penalty for adultery, the legal procedural requirements were very exacting and required the testimony of two eyewitnesses of good character for conviction. The defendant also must have been warned immediately before performing the act. 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.
Sexual intercourse between an Israelite man, married or not, and a woman who was neither married or betrothed was not considered adultery. According Jennifer Wright Knust, this was because Uriah was no Jew, and only Jewish men were protected by the legal code from Sinai. 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 Allah in the Qur'an: Qur'anic verses prohibiting adultery include. Surely it is a shameful deed and evil, opening roads (to other evils).
For example, Wendy Doniger notes Rigveda verse 4. Lariviere notes. Further, sex with a married woman was not a punishable crime provided the woman initiates the sex of her own volition, and she has been abandoned by her husband or if her husband is eunuch or her husband does not care.
Different Buddhist- influenced cultures have interpreted the specifics of this prohibition differently with respect to practices like multiple marriage and concubinage; in 2.