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She was the only white woman in the club, and the bouncer made sure no one bothered her. Previously, adultery was criminalized in , and violators were subject to 2 years in prison, with the aim of protecting women from divorce. The law was overturned because the court found that adultery is a private matter which the state should not intervene in. In Pakistan , adultery is a crime under the Hudood Ordinance , promulgated in The Ordinance sets a maximum penalty of death.
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.
In Indian law, adultery is defined as sex between a man and a woman without the consent of the woman's husband. The Government is yet to act. In Southwest Asia, adultery has attracted severe sanctions , including death penalty. In some places, such as Saudi Arabia , 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 eyewitnesses 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. Inside the Desert Kingdom , stated in that in Saudi Arabia, "unlike the tribal rights of a father to put to death a daughter who has violated her chastity, death sentences under Koranic law [for adultery] are extremely rare.
In the Philippines, the law differentiates based on the gender of the spouse. A wife can be charged with the crime of Adultery for having sexual intercourse with a man other than her husband, while a husband can only be charged with the related crime of Concubinage , which is more loosely defined it requires either keeping the mistress in the family home, or cohabiting with her, or having sexual relations under scandalous circumstances.
In regions of Iraq and Syria under ISIL, there have been reports of floggings as well as execution against people who engage in adultery. The method of execution was typically through stoning. Adultery is no longer a crime in any European country. Among the last Western European countries to repeal their laws were Italy , Malta , Luxembourg , France , Spain , Portugal , Greece , Belgium , Switzerland , and Austria In most Communist countries adultery was not a crime. In , there were proposals to introduce a gender-neutral adultery law.
The plans were dropped, and it has been suggested that the objections from the European Union played a role. Before the 20th century, adultery was often punished harshly. In Scandinavia, in the 17th century, adultery and bigamy were subject to the death penalty , although few people were actually executed. The enforcement of adultery laws varied by jurisdiction. In England, the last execution for adultery is believed to have taken place in , when a woman named Susan Bounty was hanged.
The European Court of Human Rights ECHR has had the opportunity to rule in recent years on several cases involving the legitimacy of firing a person from their job due to adultery. These cases dealt with people working for religious organizations and raised the question of the balancing of the right of a person to respect for their private life recognized in the EU and the right of religious communities to be protected against undue interference by the State recognized also in the EU.
These situations must be analyzed with regard to their specific circumstances, in each case. Until the s, most Latin American countries had laws against adultery. Adultery has been decriminalized in most of these countries, including Paraguay ,  Chile ,  Argentina ,  Nicaragua ,  Dominican Republic ,  Brazil ,  and Haiti Adultery is not a crime in Australia.
Under federal law enacted in , sexual conduct between consenting adults 18 years of age or older is their private matter throughout Australia,  irrespective of marital status. Australian states and territories had previously repealed their respective adultery criminal laws. Australia changed to no-fault divorce in , abolishing adultery as a ground for divorce. The United States is one of few industrialized countries to have laws criminalizing adultery.
Up until the mid 20th century most U. These laws have gradually been abolished or struck down by courts as unconstitutional. States which repealed their adultery laws in recent years include West Virginia in ,  Colorado in ,  and New Hampshire in ,  and Massachusetts in As of , adultery remains a criminal offense in 20 states, but prosecutions are rare. Idaho , Oklahoma , Michigan , and Wisconsin consider adultery a felony , while in the other states it is a misdemeanor.
In the last conviction for adultery in Massachusetts in , it was held that the statute was constitutional and that "no fundamental personal privacy right implicit in the concept of ordered liberty guaranteed by the United States Constitution bars the criminal prosecution of such persons [adulterers].
In Utah, the adultery law only applies to the married party the law states that "A married person commits adultery when he voluntarily has sexual intercourse with a person other than his spouse. In Florida adultery "Living in open adultery", Art South Carolina 's adultery law came into spotlight in , when then governor Mark Sanford admitted to his extramarital affair. He was not prosecuted for it; it is not clear whether South Carolina could prosecute a crime that occurred in another jurisdiction Argentina in this case ; furthermore, under South Carolina law adultery involves either "the living together and carnal intercourse with each other" or, if those involved do not live together " habitual carnal intercourse with each other" which is more difficult to prove.
In Alabama "A person commits adultery when he engages in sexual intercourse with another person who is not his spouse and lives in cohabitation with that other person when he or that other person is married. Since adultery is still a crime in Virginia, persons in divorce proceedings may use the Fifth Amendment. Any criminal convictions for adultery can determine alimony and asset distribution. In there was a bill in Virginia to decriminalize adultery and make it only a civil offense, but the Virginia Senate did not advance the bill.
Laws against adultery have been named as invasive and incompatible with principles of limited government see Dennis J. Baker, The Right Not to be Criminalized: Demarcating Criminal Law's Authority Ashgate chapter 2.
Much of the criticism comes from libertarianism , the consensus among whose adherents is that government must not intrude into daily personal lives and that such disputes are to be settled privately rather than prosecuted and penalized by public entities. It is also argued that adultery laws are rooted in religious doctrines; which should not be the case for laws in a secular state. Opponents of adultery laws regard them as painfully archaic, believing they represent sanctions reminiscent of nineteenth-century novels.
They further object to the legislation of morality, especially a morality so steeped in religious doctrine. Support for the preservation of the adultery laws comes from religious groups and from political parties who feel quite independent of morality, that the government has reason to concern itself with the consensual sexual activity of its citizens … The crucial question is: There is a history of adultery laws being abused.
In Somerset , England, a somewhat common practice was for husbands to encourage their wives to seduce another man, who they would then sue or blackmail , under laws for examples see Criminal conversation prohibiting men from having sex with women married to other men.
Historically, in most cultures, laws against adultery were enacted only to prevent women—and not men—from having sexual relations with anyone other than their spouses, [ citation needed ] since women were deemed their husbands' property , [ citation needed ] with adultery being often defined as sexual intercourse between a married woman and a man other than her husband.
At the same time, men were free to maintain sexual relations with any women polygyny provided that the women did not already have husbands or "owners".
These laws were enacted in fear of cuckoldry and thus sexual jealousy. Many indigenous customs, such as female genital mutilation  and even menstrual taboos ,  have been theorized to have originated as preventive measures against cuckolding. This arrangement has been deplored by many modern intellectuals. Opponents of adultery laws argue that these laws maintain social norms which justify violence, discrimination and oppression of women; in the form of state sanctioned forms of violence such as stoning , flogging or hanging for adultery; or in the form of individual acts of violence committed against women by husbands or relatives, such as honor killings , crimes of passion , and beatings.
The United Nations Working Group on discrimination against women in law and in practice is deeply concerned at the criminalization and penalization of adultery whose enforcement leads to discrimination and violence against women.
Concerns exist that the existence of "adultery" as a criminal offense and even in family law can affect the criminal justice process in cases of domestic assaults and killings, in particular by mitigating murder to manslaughter ,  or otherwise proving for partial or complete defenses in case of violence.
These concerns have been officially raised by the Council of Europe and the UN in recent years. The Council of Europe Recommendation Rec 5 of the Committee of Ministers to member states on the protection of women against violence states that member states should: An argument against the criminal status of adultery is that the resources of the law enforcement are limited, and that they should be used carefully; by investing them in the investigation and prosecution of adultery which is very difficult the curbing of serious violent crimes may suffer.
Human rights organizations have stated that legislation on sexual crimes must be based on consent , and must recognize consent as central, and not trivialize its importance; doing otherwise can lead to legal, social or ethical abuses. Amnesty International, when condemning stoning legislation that targets adultery, among other acts, has referred to "acts which should never be criminalized in the first place, including consensual sexual relations between adults".
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. She argues that there is such a thing as a "successful affair" in which both parties are happier but no one gets hurt: Adultery may lead to ostracization from certain religious or social groups. 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. While there is correlation, there is no evidence that divorces causes children to have struggles in later life. If adultery leads to divorce, it also carries higher financial burdens.
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,  STDs can be introduced to a marriage partner by a spouse engaging in unprotected extramarital sex. In addition, dealing with the issue of barrier contraception in marriage in cultures where women have very few rights is difficult: 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 most countries. Honor killings are often connected to accusations of adultery. Honor killings continue to be practiced in some parts of the world , particularly but not only in parts of South Asia and the Middle East.
Honor killings are treated leniently in some legal systems. In some parts of the world, honor killings enjoy considerable public support: Until , in Syria , it was legal for a husband to kill or injure his wife or his female relatives caught in flagrante delicto committing adultery or other illegitimate sexual acts. The law has changed to allow the perpetrator to only "benefit from the attenuating circumstances, provided that he serves a prison term of no less than two years in the case of killing.
Article states that a judge may opt for reduced punishments such as short-term imprisonment if the killing was done with an honorable intent. Article says that a judge may reduce a sentence for murders that were done in rage and caused by an illegal act committed by the victim.
Crimes of passion are often triggered by jealousy, and, according to Human Rights Watch , "have a similar dynamic [to honor killings] in that the women are killed by male family members and the crimes are perceived as excusable or understandable.
Stoning , or lapidation, refers to a form of capital punishment whereby an organized group throws stones at an individual until the person dies, or the condemned person is pushed from a platform set high enough above a stone floor that the fall would probably result in instantaneous death. 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, Afghanistan, Sudan, Mali, and Pakistan by tribal courts.
In some jurisdictions flogging is a punishment for adultery. In , a year-old girl in Bangladesh died after being publicly lashed, when she was accused of having an affair with a married man. Her punishment was ordered by villagers under Sharia law. Married people who form relations with extramarital partners or people who engage in relations with partners married to somebody else may be subjected to violence in these relations.
The theme of adultery has been used in many literary works, and has served as a theme for notable books such as Anna Karenina , Madame Bovary , Lady Chatterley's Lover , The Scarlet Letter and Adultery. It has also been the theme of many movies. From Wikipedia, the free encyclopedia. This is the latest accepted revision , reviewed on 18 September This article is about the act of adultery or extramarital sex. For other uses, see Adultery disambiguation.
For a broad overview, see Religion and sexuality. Marriage and other equivalent or similar unions and status. Void and Voidable marriages Annulment Marriage fraud. Family and criminal code or criminal law. Child abuse Domestic violence Incest Child-selling. Paternity law and Legitimacy family law.