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Wikipedia

Adultery

January 07, 2023

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.

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]

Overview

 
Public punishment of adulterers in Venice, 17th century
 
Susannah accused of adultery, by Antoine Coypel

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.

Another issue is the issue of paternity of a child. 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]".[17] Thus, the "purity" of the children of a marriage is corrupted, and the inheritance is altered.

In archaic law, there was a common law tort of criminal conversation arising from adultery, "conversation" being an archaic euphemism for sexual intercourse. It was a tort action brought by a husband against a third party (“the other man”) who interfered with the marriage relationship.[citation needed]

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.[18][19]

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.[20]

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

 
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
See also: adultery in English law

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.

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.[22][23][24]

Adultery involving a married woman and a man other than her husband was considered a very serious crime. In 1707, English Lord Chief Justice John Holt stated that a man having sexual relations with another man's wife was "the highest invasion of property" and claimed, in regard to the aggrieved husband, that "a man cannot receive a higher provocation" (in a case of murder or manslaughter).[25]

The Encyclopedia of Diderot & d'Alembert, Vol. 1 (1751), also equated adultery to theft writing that, "adultery is, after homicide, the most punishable of all crimes, because it is the most cruel of all thefts, and an outrage capable of inciting murders and the most deplorable excesses."[26]

Legal definitions of adultery vary. 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."[27]North Carolina defines adultery as occurring when any man and woman "lewdly and lasciviously associate, bed, and cohabit together."[28]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."[29] In the 2003 New Hampshire Supreme Court case Blanchflower v. Blanchflower, it was held that female same-sex sexual relations did not constitute sexual intercourse, based on a 1961 definition from Webster's Third New International Dictionary; and thereby an accused wife in a divorce case was found not guilty of adultery. In 2001, Virginia prosecuted an attorney, John R. Bushey, for adultery, a case that ended in a guilty plea and a $125 fine.[30][31] Adultery is against the governing law of the U.S. military.[32]

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.[33] 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.[34] This act was also known as desertion, which was often a crime as well.[35] A small number of jurisdictions still allow suits for criminal conversation and/or alienation of affection.[36] In the United States, six states still maintain this tort.[37][38]

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. 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 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.

In England and Wales, 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. 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.[39] However, the practical effect of this ceased with the introduction of no-fault divorce in April 2022, which meant that unreasonable behavior ceased to be grounds for divorce.

In India, adultery was the sexual intercourse of a man with a married woman without the consent of her husband when such sexual intercourse did not amount to rape, and it was a non-cognizable, non-bailable criminal offence; the adultery law was overturned by the Supreme Court of India on 27 September 2018.[40]

Prevalence

See also: Coolidge effect

Durex's Global Sex Survey found that worldwide 22% of people surveyed admitted to have had extramarital sex.[41][42] According to a 2015 study by Durex and Match.com, Thailand and Denmark were the most adulterous countries based on the percentage of adults who admitted having an affair.[43][44]

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.[45] Depending on studies, it was estimated that 22.7% of men and 11.6% of women, had extramarital sex.[46] Other authors say that between 20% and 25% of Americans had sex with someone other than their spouse.[47]

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.[46][48][49]

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.[50][51]

Cultural and religious traditions

 
Man and woman undergoing public exposure for adultery in Japan, around 1860
See also: Religion and sexuality

Greco-Roman world

Further information: Adultery in Classical Athens

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.[52][53]

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".[54]

According to Plutarch, the lending of wives practiced among some people was also encouraged 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 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. (Plutarch, Solon)

The Roman Lex Julia, Lex Iulia de Adulteriis Coercendis (17 BC), punished adultery with banishment.[55] The two guilty parties were sent to different islands ("dummodo in diversas insulas relegentur"), and part of their property was confiscated.[55] 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.

Abrahamic religions

See also: Extramarital sex § Religions, and Fornication § Religions

Biblical sources

Main article: Thou shalt not commit adultery

Both Judaism and Christianity base their injunction against adultery on passages in the Hebrew Bible (Old Testament in Christianity), which firstly prohibits adultery in the Seventh Commandment: "Thou shalt not commit adultery." (Exodus 20:12). However, Judaism and Christianity differ on what actually constitutes adultery.

Leviticus 20:10 goes on to define what constitutes adultery in the Hebrew Bible, and it also prescribes the punishment as capital punishment. This verse, however, defines adultery in very specific and narrow terms, and thus in the Jewish tradition adultery is not less than actual sexual intercourse between a man and a married woman that is not his lawful wife:

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 Hebrew Bible’s definition of adultery and penalty for adultery does not apply to either participant if the female participant is unmarried, irrespective of the marital status of the male participant (he himself could be married or unmarried, it is irrelevant).

This means that, if the man was married to another woman, but the woman he had sexual relations with was unmarried to anyone, both might be guilty of fornication, but the actions of neither of them adulterate or risk adulterating the genetic lineage of a married man, thus their actions do not fall under the Hebrew Bible’s definition of adultery in these passages.

The Biblical definition of adultery concerns itself with the adulteration or potential adulteration of an innocent husband’s genetic lineage. Since sexual intercourse between a wife and a man other than her husband can result in that other man’s impregnation of the wife with that other man’s adulterant genetic material, the genetic lineage of a child conceived from that act would be adulterated, that is, not genetically the husband’s. Yet, such a child would nevertheless be deemed in Biblical law to be the legal child of the husband due to its birth to the wife while she was in a marital contract (lawful wedlock) with the husband. This adulteration of a victimized husband’s family lineage (consanguinity), by the wife's adulterous conception of a child, would detrimentally impact the lawfully wedlocked husband and his birth family, as all the responsibilities, burdens, and privileges of and for the child, due to the contract of marriage, attach to the husband and his birth family. By contrast, an unmarried woman becoming pregnant or risking pregnancy as a result of sexual intercourse with a man married to another woman does not create the same situation, because the unmarried woman's child would not be regarded in law as his. Since there is no aggrieved party whose genetic lineage can be adulterated by their act, it is not defined as adultery per the Hebrew Bible.

Adultery in the Hebrew Bible is prohibited and capitally punished because it would result in the unjust and fraudulently diverted imposition of financial burdens on a husband to a child which is not his own (until its adulthood), the usurpation of Biblical inheritance rights from the rightful consanguineous heirs of the husband then converted to the male offender’s family via the adulterated child (from the moment the child is born and for its lifetime), including rights to inherit the property of the aggrieved husband’s birth family and his own personally accumulated property and assets, citizenship rights into one of the Twelve Tribes of Israel to which the aggrieved husband belongs, usurpation of inherited priestly status with all its accompanying rights and responsibilities if the aggrieved husband was a Kohen (Aaronic priestly caste halakhically required to be of direct patrilineal descent from the biblical Aaron brother of Moses) or a Levite, up to usurpation of royal status and line of succession rights for an aggrieved husband of royal lineage including the king himself.

Thus, adultery was regarded as the highest and most despicable form of fraudulent theft meriting capital punishment, because the crime affected not only the husband, but his family and rightful heirs, depriving the husband of genetic posterity and killing off his family’s genetic line. The form of capital punishment employed to execute those convicted of adultery is Biblically required to be more torturous if the guilty wife was a Bat-Kohen (daughter of a Kohen).

In the event of a married woman being raped by a man who is not her husband, only the rapist is guilty of adultery against the husband of his married victim; the victim herself is not guilty of adultery against her husband.

Furthermore, a wife who has intercourse with another man at her husband’s instigation is still committing adultery against her husband, and is as guilty as that other man; and her husband is guilty of the adultery against himself and his birth family. For this reason, in the modern era, with advancements in assisted reproduction, the position of Jewish religious law (Halacha) on the use of donor sperm is classified as adultery. In all cases of adultery, whether through traditional sexual intercourse or non-sexual assisted pregnancy, the crime of adultery is the adulteration of the genetic lineage, while the sexual intercourse, or the Petri dish, or the more unsophisticated turkey baster, are simply the weapons.

Judaism

Though Leviticus 20:10 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.[56] A death sentence could be issued only during the period when the Holy Temple stood, and only so long as the Supreme Torah Court convened in its chamber within the Temple complex.[57] Technically, therefore, no death penalty can now be applied.[58]

The death penalty for adultery was strangulation,[59] except in the case of a woman who was the daughter of a Kohen (Aaronic priestly caste), which was specifically mentioned in Scripture as the penalty of burning (pouring molten lead down the throat).[60] The punishment of stoning for adulterers is directly mentioned in Deuteronomy 22:24.[61] Other ancient Near Eastern law collections treat adultery as an offense against the husband alone, and allow the husband to waive or mitigate the punishment whereas Biblical law allows no such mitigation, on the grounds that God as well as the husband is offended by adultery, and an offense against God cannot be forgiven by man.[62]

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.[63]

According to Judaism, the Seven laws of Noah apply to all of humankind; these laws prohibit adultery with another man's wife.[64]

The Ten Commandments were meant exclusively for Jewish males.[65] Michael Coogan writes that according to the text wives are the property of their husband, marriage meaning transfer of property (from father to husband),[65] and women are less valuable than real estate, being mentioned after real estate.[65] Adultery is violating the property right of a man.[66] Coogan's book was criticized by Phyllis Trible, who argues that he failed to note that patriarchy was not decreed, but only described by God, patriarchy being specific to people after the fall.[67] She states that Paul the Apostle made the same mistake as Coogan.[67]

The extramarital intercourse of a married man is not in itself considered a crime in biblical or later Jewish law.[68] Sexual intercourse between an Israelite man, married or not, and a woman who was neither married nor betrothed was not considered adultery.[69] This concept of adultery stems from the economic aspect of Israelite marriage whereby the husband has an exclusive right to his wife, whereas the wife, as the husband's possession, did not have an exclusive right to her husband.[70]

David's sexual intercourse with Bathsheba, the wife of Uriah, did not count as adultery. According to Jennifer Wright Knust, this was because Uriah was no Jew, and only Jewish men were protected by the legal code from Sinai.[71] However, according to the Babylonian Talmud, Uriah was indeed Jewish[72][73] and wrote a provisional bill of divorce prior to going out to war, specifying that if he fell in battle, the divorce would take effect from the time the writ was issued.[74][75]

Christianity

 
'Thou shalt not commit adultery' (Nathan confronts David); bronze bas-relief on the door of the La Madeleine, Paris, Paris.

Adultery is considered immoral by Christians and a sin, based primarily on passages like Exodus 20:14 and 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.

Catholicism ties fornication with breaking the sixth commandment in its Catechism.[76]

Until a few decades ago,[when?] adultery was a criminal offense in many countries where the dominant religion is Christianity, especially in Roman Catholic countries (for example, in Austria it was a criminal offense until 1997[77]). Adultery was decriminalized in Argentina in 1995,[78] and in Brazil in 2005;[79] but in some predominantly Catholic countries, such as the Philippines, it remains illegal. The Book of Mormon also prohibits adultery. For instance, Abinadi cites the Ten Commandments when he accuses King Noah's priests of sexual immorality.[80] When Jesus Christ visits the Americas he reinforces the law and teaches them the higher law (also found in the New Testament):

Behold, it is written by them of old time, that thou shalt not commit adultery; but I say unto you, that whosoever looketh on a woman, to lust after her, hath committed adultery already in his heart.[81]

Some churches such as the Church of Jesus Christ of Latter-day Saints have interpreted "adultery" to include all sexual relationships outside of marriage, regardless of the marital status of the participants.[82] Book of Mormon prophets and civil leaders often list adultery as an illegal activity along with murder, robbing, and stealing.[83]

Islam

See also: Extramarital sex § Islam

Zina' is an Arabic term for illegal intercourse, premarital or extramarital. Various conditions and punishments have been attributed to adultery. Under Islamic 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:[84]

Qur'anic verses prohibiting adultery include:

"Do not go near to adultery. Surely it is a shameful deed and evil, opening roads (to other evils)." (Quran 17:32) [85]
"Say, 'Verily, my Lord has prohibited the shameful deeds, be it open or secret, sins and trespasses against the truth and reason.'" (Quran 7:33) [86]

Punishments are reserved to the legal authorities and false accusations are to be punished severely.[87] 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 be convicted of adultery unless both of the accused also agree and give their confession under oath four times.[88]

According to a hadith attributed to Muhammad, an unmarried person who commits adultery or fornication is punished by flogging 100 times; a married person will then be stoned to death.[89] A survey conducted by the Pew Research Center found support for stoning as a punishment for adultery mostly in Arab countries; it was supported in Egypt (82% of respondents in favor of the punishment) and Jordan (70% in favor), as well as Pakistan (82% favor), whereas in Nigeria (56% in favor) and in Indonesia (42% in favor) opinion is more divided, perhaps due to diverging traditions and differing interpretations of Sharia.[90]

Eastern religions

Hinduism

The Hindu Sanskrit texts present a range of views on adultery, offering widely differing positions.[91][92] The hymn 4.5.5 of the Rigveda calls adultery as pāpa (evil, sin).[93][94] Other Vedic texts state adultery to be a sin, just like murder, incest, anger, evil thoughts and trickery.[95] The Vedic texts, including the Rigveda, the Atharvaveda and the Upanishads, also acknowledge the existence of male lovers and female lovers as a basic fact of human life, followed by the recommendation that one should avoid such extra marital sex during certain ritual occasions (yajna).[91] A number of simile in the Rigveda, a woman's emotional eagerness to meet her lover is described, and one hymn prays to the gods that they protect the embryo of a pregnant wife as she sleeps with her husband and other lovers.[91]

Adultery and similar offenses are discussed under one of the eighteen vivādapadas (titles of laws) in the Dharma literature of Hinduism.[96] Adultery is termed as Strisangrahana in dharmasastra texts.[97] These texts generally condemn adultery, with some exceptions involving consensual sex and niyoga (levirate conception) in order to produce an heir.[98][99] According to Apastamba Dharmasutra, the earliest dated Hindu law text, cross-varna adultery (adultery across castes) is a punishable crime, where the adulterous man receives a far more severe punishment than the adulterous arya woman.[100] In Gautama Dharmasutra, the adulterous arya woman is liable to harsh punishment for the cross-class adultery.[100] While Gautama Dharmasutra reserves the punishment in cases of cross-class adultery, it seems to have been generalized by Vishnu Dharmasastra and Manusmiriti.[101] The recommended punishments in the text also vary between these texts.[101]

The Manusmriti, also known as the Laws of Manu, deals with this in greater detail. When translated, verse 4.134 of the book declares adultery to be a heinous offense.[102] The Manusmriti does not include adultery as a "grievous sin", but includes it as a "secondary sin" that leads to a loss of caste.[103] In the book, the intent and mutual consent are a part that determine the recommended punishment. Rape is not considered as adultery for the woman, while the rapist is punished severely. Lesser punishment is recommended for consensual adulterous sex.[100] Death penalty is mentioned by Manu,[104] as well as "penance" for the sin of adultery.[103][105] even in cases of repeated adultery with a man of the same caste.[106] In verses 8.362-363, the author states that sexual relations with the wife of traveling performer is not a sin, and exempts such sexual liaisons.[107][108] The book offers two views on adultery. It recommends a new married couple to remain sexually faithful to each other for life. It also accepts that adulterous relationships happen, children are born from such relationships and then proceeds to reason that the child belongs to the legal husband of the pregnant woman, and not to the biological father.[109]

Other dharmasastra texts describe adultery as a punishable crime but offer differing details.[101] According to Naradasmriti (12.61-62), it is an adulterous act if a man has sexual intercourse with the woman who is protected by another man. The term adultery in Naradasmriti is not confined to the relationship of a married man with another man's wife. It includes sex with any woman who is protected, including wives, daughters, other relatives, and servants. Adultery is not a punishable offence for a man if "the woman's husband has abandoned her because she is wicked, or he is eunuch, or of a man who does not care, provided the wife initiates it of her own volition".[110] Brihaspati-smriti mention, among other things, adulterous local customs in ancient India and then states, "for such practices these (people) incur neither penance nor secular punishment".[111] Kautilya's Arthashastra includes an exemption that in case the husband forgives his adulterous wife, the woman and her lover should be set free. If the offended husband does not forgive, the Arthashastra recommends the adulterous woman's nose and ears be cut off, while her lover be executed.[112]

The Kamasutra discusses adultery and Vatsyayana devotes "not less than fifteen sutras (1.5.6–20) to enumerating the reasons (karana) for which a man is allowed to seduce a married woman".[113] According to Wendy Doniger, the Kamasutra teaches adulterous sexual liaison as a means for a man to predispose the involved woman in assisting him, working against his enemies and facilitating his successes. It also explains the many signs and reasons a woman wants to enter into an adulterous relationship and when she does not want to commit adultery.[114] The Kamasutra teaches strategies to engage in adulterous relationships, but concludes its chapter on sexual liaison stating that one should not commit adultery because adultery pleases only one of two sides in a marriage, hurts the other, it goes against both dharma and artha.[112]

According to Werner Menski, the Sanskrit texts take "widely different positions on adultery", with some considering it a minor offense that can be addressed with penance, but others treat it as a severe offense that depending on the caste deserves the death penalty for the man or the woman.[92] According to Ramanathan and Weerakoon, in Hinduism, the sexual matters are left to the judgment of those involved and not a matter to be imposed through law.[115]

According to Carl Olsen, the classical Hindu society considered adultery as a sexual transgression but treated it with a degree of tolerance.[116] It is described as a minor transgression in Naradasmriti and other texts, one that a sincere penance could atone.[116][117] Penance is also recommended to a married person who does not actually commit adultery, but carries adulterous thoughts for someone else or is thinking of committing adultery.[118]

Other Hindu texts present a more complex model of behavior and mythology where gods commit adultery for various reasons. For example, Krishna commits adultery and the Bhagavata Purana justifies it as something to be expected when Vishnu took a human form, just like sages become uncontrolled.[119] According to Tracy Coleman, Radha and other gopis are indeed lovers of Krishna, but this is prema or "selfless, true love" and not carnal craving. In Hindu texts, this relationship between gopis and Krishna involves secret nightly rendezvous. Some texts state it to be divine adultery, others as a symbolism of spiritual dedication and religious value.[120] The example of Krishna's adulterous behavior has been used by Sahajiyas Hindus of Bengal to justify their own behavior that is contrary to the mainstream Hindu norm, according to Doniger.[119] Other Hindu texts state that Krishna's adultery is not a license for other men to do the same, in the same way that men should not drink poison just because Rudra-Shiva drank poison during the Samudra Manthan.[119] A similar teaching is found in Mahayana Buddhism, states Doniger.[119]

The Linga Purana shows that sexual hospitality existed in ancient India. The sage Sudarshana, asks his wife Oghavati to please their guests in this way. One day, he comes home while she is having sex with a mendicant who visits their house. Sudarshaan tells them to continue. The mendicant turns out to be Dharma, the lord of righteous conduct, who blesses the couple for their upholding of social law.[121][122]

Buddhism

Buddhist texts such as Digha Nikāya describe adultery as a form of sexual wrongdoing that is one link in a chain of immorality and misery. According to Wendy Doniger, this view of adultery as evil is postulated in early Buddhist texts as having originated from greed in a previous life. This idea combines Hindu and Buddhist thoughts then prevalent.[123] Sentient beings without body, state the canonical texts, are reborn on earth due to their greed and craving, some people become beautiful and some ugly, some become men and some women. The ugly envy the beautiful and this triggers the ugly to commit adultery with the wives of the beautiful. Like in Hindu mythology, states Doniger, Buddhist texts explain adultery as a result from sexual craving; it initiates a degenerative process.[123]

Buddhism considers celibacy as the monastic ideal. For he who feels that he cannot live in celibacy, it recommends that he never commit adultery with another's wife.[124] Engaging in sex outside of marriage, with the wife of another man, with a girl who is engaged to be married, or a girl protected by her relatives (father or brother), or extramarital sex with prostitutes, ultimately causes suffering to other human beings and oneself. It should be avoided, state the Buddhist canonical texts.[124]

Buddhist Pali texts narrate legends where the Buddha explains the karmic consequences of adultery. For example, states Robert Goldman, one such story is of Thera Soreyya.[125] Buddha states in the Soreyya story that "men who commit adultery suffer hell for hundreds of thousands of years after rebirth, then are reborn a hundred successive times as women on earth, must earn merit by "utter devotion to their husbands" in these lives, before they can be reborn again as men to pursue a monastic life and liberation from samsara.[125][126]

There are some differences between the Buddhist texts and the Hindu texts on the identification and consequences of adultery. According to José Ignacio Cabezón, for example, the Hindu text Naradasmriti considers consensual extra-marital sex between a man and a woman in certain circumstances (such as if the husband has abandoned the woman) as not a punishable crime, but the Buddhist texts "nowhere exculpate" any adulterous relationship. The term adultery in Naradasmriti is broader in scope than the one in Buddhist sources. In the text, various acts such as secret meetings, exchange of messages and gifts, "inappropriate touching" and a false accusation of adultery, are deemed adulterous, while Buddhist texts do not recognize these acts under adultery.[127] Later texts such as the Dhammapada, Pancasiksanusamsa Sutra and a few Mahayana sutras state that "heedless man who runs after other men's wife" acquire demerit, blame, discomfort and are reborn in hell.[128] Other Buddhist texts make no mention of legal punishments for adultery.[127]

Other historical practices

 
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.

In some 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.[129][130] Among the Aztecs, wives caught in adultery were occasionally impaled, although the more usual punishment was to be stoned to death.[131]

The Code of Hammurabi, a well-preserved Babylonian law code of ancient Mesopotamia, dating back to about 1772 BC, provided drowning as punishment for adultery.[132]

Amputation of the nose – rhinotomy – was a punishment for adultery among many civilizations, including ancient India, ancient Egypt, among Greeks and Romans, and in Byzantium and among the Arabs.[133]

In the tenth century, the Arab explorer Ibn Fadlan noted that adultery was unknown among the pagan Oghuz Turks. Ibn Fadlan writes that "adultery is unknown among them; but whomsoever they find by his conduct that he is an adulterer, they tear him in two. This comes about so: they bring together the branches of two trees, tie him to the branches and then let both trees go, so that he is torn in two."[134]

In medieval Europe, early Jewish law mandated stoning for an adulterous wife and her partner.[135]

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.[136]

The christianization of Europe came to mean that, in theory, and unlike with the Romans, there was supposed to be a single sexual standard, where adultery was a sin and against the teachings of the church, regardless of the sex of those involved. In practice, however, the church seemed to have accepted the traditional double standard which punished the adultery of the wife more harshly than that of the husband.[137] Among Germanic tribes, each tribe had its own laws for adultery, and many of them allowed the husband to "take the law in his hands" and commit acts of violence against a wife caught committing adultery.[137][138] In the Middle Ages, adultery in Vienna was punishable by death through impalement.[139] Austria was one of the last Western countries to decriminalize adultery, in 1997.[140]

The Encyclopedia of Diderot & d'Alembert, Vol. 1 (1751) noted the legal double standard from that period, it wrote:[26]

"Furthermore, although the husband who violates conjugal trust is guilty as well as the woman, it is not permitted for her to accuse him, nor to pursue him because of this crime".

Adultery and the law

See also: Extramarital sex § Law
Main article: Adultery laws

Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, especially for the married woman and sometimes for her sex partner, 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, such laws have become controversial, with most Western countries repealing them.

However, even in jurisdictions that have decriminalised adultery, adultery 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, but may still be a factor in child custody and property disputes.

International organizations[which?] have called for the decriminalising 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.

Punishment

In jurisdictions where adultery is illegal, punishments vary from fines (for example in the US state of Rhode Island[141]) to caning in parts of Asia.[142][143] In fifteen countries[9] the punishment includes stoning, although in recent times it has been legally enforced only in Iran and Somalia.[10] 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.[144] 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 jurisdictions, the "intruder" (the third party) is punished, 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 [...]".[145] 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

Further information: Paternity law and Legitimacy (family law)
 
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.

Historically, paternity of children born out of adultery has been seen as a major issue. 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).[146] Establishing correct paternity may have major legal implications, for instance in regard to inheritance.

Children born out of adultery suffered, until recently, adverse legal and social consequences. 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 2001, when France was forced to change it by a ruling of the European Court of Human Rights (ECtHR) (and in 2013, the ECtHR also ruled that the new 2001 regulations must be also applied to children born before 2001).[147]

There has been, in recent years, a trend of legally favoring the right to a relation between the child and its biological father, rather than preserving the appearances of the 'social' family. In 2010, the ECtHR 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.[148]

Criticism of adultery laws

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.

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] with adultery being often defined as sexual intercourse between a married woman and a man other than her husband.[citation needed] Among many cultures the penalty was—and to this day still is, as noted below—capital punishment. 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". Indeed, בעל (ba`al), Hebrew for husband, used throughout the Bible, is synonymous with owner. These laws were enacted in fear of cuckoldry and thus sexual jealousy. Many indigenous customs, such as female genital mutilation[149] and even menstrual taboos,[150] 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.[19][151] UN Women has called for the decriminalization of adultery.[151]

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.[152]

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".[153] Salil Shetty, Amnesty International's Secretary General, said: "It is unbelievable that in the twenty-first century some countries are condoning child marriage and marital rape while others are outlawing abortion, sex outside marriage and same-sex sexual activity – even punishable by death."[154] The campaign has condemned state control over individual sexual and reproductive decisions; stating "All over the world, people are coerced, criminalized and discriminated against, simply for making choices about their bodies and their lives".[155]

Consequences

General

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.[156] Adultery can be emotionally traumatic for both spouses and often results in divorce.[157]

Adultery may lead to ostracization from certain religious or social groups.[158]

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).[159] 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.[160][161] 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.[162]

While there is correlation, there is no evidence that divorces causes children to have struggles in later life.[163]

Sexually transmitted infections

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,[citation needed] 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.[164][165][166] 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 seek medical advice if they thought they have been infected.[167]

Violence

 
Inca woman and man to be stoned for adultery, by Huamán Poma

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.

Marital infidelity has been used, especially in the past, as a legal defence of provocation to a criminal charge, such as murder or assault. In some jurisdictions, the defence of provocation has been replaced by a partial defence or provocation or the behaviour of the victim can be invoked as a mitigating factor in sentencing.

In recent decades, feminists and women's rights organizations have worked to change laws and social norms which tolerate crimes of passion against women. UN Women has urged states to review legal defenses of passion and provocation, and other similar laws, to ensure that such laws do not lead to impunity in regard to violence against women, stating that "laws should clearly state that these defenses do not include or apply to crimes of "honour", adultery, or domestic assault or murder."[168]

The Council of Europe Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence[169] states that member states should "preclude adultery as an excuse for violence within the family".

Honor killings

Main article: Honor killing

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.[170] Honor killings have also taken place in immigrant communities in Europe, Canada and the U.S. In some parts of the world, honor killings enjoy considerable public support: in one survey, 33.4% of teenagers in Jordan's capital city, Amman, approved of honor killings.[171] A survey in Diyarbakir, Turkey, found that, when asked the appropriate punishment for a woman who has committed adultery, 37% of respondents said she should be killed, while 21% said her nose or ears should be cut off.[172]

Until 2009, 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."[173] Other articles also provide for reduced sentences. Article 192 states that a judge may opt for reduced punishments (such as short-term imprisonment) if the killing was done with an honorable intent. Article 242 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.[174] In recent years, Jordan has amended its Criminal Code to modify its laws which used to offer a complete defense for honor killings.[175]

According to the UN in 2002:

"The report of the Special Rapporteur ... concerning cultural practices in the family that are violent towards women (E/CN.4/2002/83), indicated that honour killings had been reported in Egypt, Jordan, Lebanon, Morocco, Pakistan, the Syrian Arab Republic, Turkey, Yemen, and other Mediterranean and Persian Gulf countries, and that they had also taken place in western countries such as France, Germany and the United Kingdom, within migrant communities."[176][177]

Crimes of passion

Main article: Crime of passion

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."[178]

Stoning

 
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.
Main article: Stoning

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.[179]

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.[180]

Flogging

Main articles: Flogging and Judicial corporal punishment

In some jurisdictions flogging is a punishment for adultery.[181][182] There are also incidents of extrajudicial floggings, ordered by informal religious courts. In 2011, a 14-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.[183][184]

Violence between the partners of an adulterous couple

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.[185][186] Because of the nature of adultery – illicit or illegal in many societies – this type of intimate partner violence may go underreported or may not be prosecuted when it is reported; and in some jurisdictions this type of violence is not covered by the specific domestic violence laws meant to protect persons in legitimate couples.[187][188]

In fiction

 
Further information: Adultery in literature

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.

See also

References

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Further reading

  •   Media related to Adultery at Wikimedia Commons
  • McCracken, Peggy (1998). The romance of adultery: queenship and sexual transgression in Old French literature. University of Pennsylvania Press. ISBN 0-8122-3432-4.
  • Mathews, J. Dating a Married Man: Memoirs from the "Other Women. 2008. ISBN 1-4404-5004-8.
  • (August 2005)
  • Moultrup, David J. (1990). Husbands, Wives & Lovers. New York: Guilford Press.
  • Glass, S. P.; Wright, T. L. (1992). "Justifications for extramarital relationships: The association between attitudes, behaviors, and gender". Journal of Sex Research. 29 (3): 361–387. doi:10.1080/00224499209551654.
  • Goody, Jack (1956). "A Comparative Approach to Incest and Adultery". The British Journal of Sociology. 7 (4): 286–305. doi:10.2307/586694. JSTOR 586694.
  • Pittman, F. (1989). Private Lies. New York: W. W. Norton Co.
  • Rubin, A. M.; Adams, J. R. (1986). "Outcomes of sexually open marriages". Journal of Sex Research. 22 (3): 311–319. doi:10.1080/00224498609551311.
  • Vaughan, P. (1989). The Monogamy Myth. New York: New Market Press.
  • Blow, Adrian J.; Hartnett, Kelley (April 2005). Infidelity in Committed Relationships I: A Methodological Review. Journal of Marital and Family Therapy. | Journal of Marital & Family Therapy | Find Articles at BNET at www.findarticles.com
  • Blow, Adrian J; Hartnett, Kelley (April 2005). Infidelity in Committed Relationships II: A Substantive Review. Journal of Marital and Family Therapy. at www.findarticles.com

January 07, 2023
adultery, this, article, about, adultery, extramarital, other, uses, disambiguation, broad, overview, religion, sexuality, from, latin, adulterium, extramarital, that, considered, objectionable, social, religious, moral, legal, grounds, although, sexual, activ. 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 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 Contents 1 Overview 2 Definitions and legal constructs 3 Prevalence 4 Cultural and religious traditions 4 1 Greco Roman world 4 2 Abrahamic religions 4 2 1 Biblical sources 4 2 2 Judaism 4 2 3 Christianity 4 2 4 Islam 4 3 Eastern religions 4 3 1 Hinduism 4 3 2 Buddhism 4 4 Other historical practices 5 Adultery and the law 5 1 Punishment 5 2 Legal issues regarding paternity 5 3 Criticism of adultery laws 6 Consequences 6 1 General 6 2 Sexually transmitted infections 7 Violence 7 1 Honor killings 7 2 Crimes of passion 7 3 Stoning 7 4 Flogging 7 5 Violence between the partners of an adulterous couple 8 In fiction 9 See also 10 References 11 Further readingOverview Edit Public punishment of adulterers in Venice 17th century Susannah accused of adultery by Antoine Coypel 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 Another issue is the issue of paternity of a child 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 17 Thus the purity of the children of a marriage is corrupted and the inheritance is altered In archaic law there was a common law tort of criminal conversation arising from adultery conversation being an archaic euphemism for sexual intercourse It was a tort action brought by a husband against a third party the other man who interfered with the marriage relationship citation needed 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 18 19 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 20 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 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 adulteres by Jules Arsene Garnier showing two adulterers being punished See also adultery in English law 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 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 22 23 24 Adultery involving a married woman and a man other than her husband was considered a very serious crime In 1707 English Lord Chief Justice John Holt stated that a man having sexual relations with another man s wife was the highest invasion of property and claimed in regard to the aggrieved husband that a man cannot receive a higher provocation in a case of murder or manslaughter 25 The Encyclopedia of Diderot amp d Alembert Vol 1 1751 also equated adultery to theft writing that adultery is after homicide the most punishable of all crimes because it is the most cruel of all thefts and an outrage capable of inciting murders and the most deplorable excesses 26 Legal definitions of adultery vary 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 27 North Carolina defines adultery as occurring when any man and woman lewdly and lasciviously associate bed and cohabit together 28 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 29 In the 2003 New Hampshire Supreme Court case Blanchflower v Blanchflower it was held that female same sex sexual relations did not constitute sexual intercourse based on a 1961 definition from Webster s Third New International Dictionary and thereby an accused wife in a divorce case was found not guilty of adultery In 2001 Virginia prosecuted an attorney John R Bushey for adultery a case that ended in a guilty plea and a 125 fine 30 31 Adultery is against the governing law of the U S military 32 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 33 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 34 This act was also known as desertion which was often a crime as well 35 A small number of jurisdictions still allow suits for criminal conversation and or alienation of affection 36 In the United States six states still maintain this tort 37 38 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 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 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 In England and Wales 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 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 39 However the practical effect of this ceased with the introduction of no fault divorce in April 2022 which meant that unreasonable behavior ceased to be grounds for divorce In India adultery was the sexual intercourse of a man with a married woman without the consent of her husband when such sexual intercourse did not amount to rape and it was a non cognizable non bailable criminal offence the adultery law was overturned by the Supreme Court of India on 27 September 2018 40 Prevalence EditSee also Coolidge effect Durex s Global Sex Survey found that worldwide 22 of people surveyed admitted to have had extramarital sex 41 42 According to a 2015 study by Durex and Match com Thailand and Denmark were the most adulterous countries based on the percentage of adults who admitted having an affair 43 44 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 45 Depending on studies it was estimated that 22 7 of men and 11 6 of women had extramarital sex 46 Other authors say that between 20 and 25 of Americans had sex with someone other than their spouse 47 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 46 48 49 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 50 51 Cultural and religious traditions Edit Man and woman undergoing public exposure for adultery in Japan around 1860 See also Religion and sexuality Greco Roman world Edit Further information Adultery in Classical Athens 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 52 53 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 54 According to Plutarch the lending of wives practiced among some people was also encouraged 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 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 Plutarch Solon The Roman Lex Julia Lex Iulia de Adulteriis Coercendis 17 BC punished adultery with banishment 55 The two guilty parties were sent to different islands dummodo in diversas insulas relegentur and part of their property was confiscated 55 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 Abrahamic religions Edit See also Extramarital sex Religions and Fornication Religions Biblical sources Edit Main article Thou shalt not commit adultery Both Judaism and Christianity base their injunction against adultery on passages in the Hebrew Bible Old Testament in Christianity which firstly prohibits adultery in the Seventh Commandment Thou shalt not commit adultery Exodus 20 12 However Judaism and Christianity differ on what actually constitutes adultery Leviticus 20 10 goes on to define what constitutes adultery in the Hebrew Bible and it also prescribes the punishment as capital punishment This verse however defines adultery in very specific and narrow terms and thus in the Jewish tradition adultery is not less than actual sexual intercourse between a man and a married woman that is not his lawful wife 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 Hebrew Bible s definition of adultery and penalty for adultery does not apply to either participant if the female participant is unmarried irrespective of the marital status of the male participant he himself could be married or unmarried it is irrelevant This means that if the man was married to another woman but the woman he had sexual relations with was unmarried to anyone both might be guilty of fornication but the actions of neither of them adulterate or risk adulterating the genetic lineage of a married man thus their actions do not fall under the Hebrew Bible s definition of adultery in these passages The Biblical definition of adultery concerns itself with the adulteration or potential adulteration of an innocent husband s genetic lineage Since sexual intercourse between a wife and a man other than her husband can result in that other man s impregnation of the wife with that other man s adulterant genetic material the genetic lineage of a child conceived from that act would be adulterated that is not genetically the husband s Yet such a child would nevertheless be deemed in Biblical law to be the legal child of the husband due to its birth to the wife while she was in a marital contract lawful wedlock with the husband This adulteration of a victimized husband s family lineage consanguinity by the wife s adulterous conception of a child would detrimentally impact the lawfully wedlocked husband and his birth family as all the responsibilities burdens and privileges of and for the child due to the contract of marriage attach to the husband and his birth family By contrast an unmarried woman becoming pregnant or risking pregnancy as a result of sexual intercourse with a man married to another woman does not create the same situation because the unmarried woman s child would not be regarded in law as his Since there is no aggrieved party whose genetic lineage can be adulterated by their act it is not defined as adultery per the Hebrew Bible Adultery in the Hebrew Bible is prohibited and capitally punished because it would result in the unjust and fraudulently diverted imposition of financial burdens on a husband to a child which is not his own until its adulthood the usurpation of Biblical inheritance rights from the rightful consanguineous heirs of the husband then converted to the male offender s family via the adulterated child from the moment the child is born and for its lifetime including rights to inherit the property of the aggrieved husband s birth family and his own personally accumulated property and assets citizenship rights into one of the Twelve Tribes of Israel to which the aggrieved husband belongs usurpation of inherited priestly status with all its accompanying rights and responsibilities if the aggrieved husband was a Kohen Aaronic priestly caste halakhically required to be of direct patrilineal descent from the biblical Aaron brother of Moses or a Levite up to usurpation of royal status and line of succession rights for an aggrieved husband of royal lineage including the king himself Thus adultery was regarded as the highest and most despicable form of fraudulent theft meriting capital punishment because the crime affected not only the husband but his family and rightful heirs depriving the husband of genetic posterity and killing off his family s genetic line The form of capital punishment employed to execute those convicted of adultery is Biblically required to be more torturous if the guilty wife was a Bat Kohen daughter of a Kohen In the event of a married woman being raped by a man who is not her husband only the rapist is guilty of adultery against the husband of his married victim the victim herself is not guilty of adultery against her husband Furthermore a wife who has intercourse with another man at her husband s instigation is still committing adultery against her husband and is as guilty as that other man and her husband is guilty of the adultery against himself and his birth family For this reason in the modern era with advancements in assisted reproduction the position of Jewish religious law Halacha on the use of donor sperm is classified as adultery In all cases of adultery whether through traditional sexual intercourse or non sexual assisted pregnancy the crime of adultery is the adulteration of the genetic lineage while the sexual intercourse or the Petri dish or the more unsophisticated turkey baster are simply the weapons Judaism Edit Though Leviticus 20 10 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 56 A death sentence could be issued only during the period when the Holy Temple stood and only so long as the Supreme Torah Court convened in its chamber within the Temple complex 57 Technically therefore no death penalty can now be applied 58 The death penalty for adultery was strangulation 59 except in the case of a woman who was the daughter of a Kohen Aaronic priestly caste which was specifically mentioned in Scripture as the penalty of burning pouring molten lead down the throat 60 The punishment of stoning for adulterers is directly mentioned in Deuteronomy 22 24 61 Other ancient Near Eastern law collections treat adultery as an offense against the husband alone and allow the husband to waive or mitigate the punishment whereas Biblical law allows no such mitigation on the grounds that God as well as the husband is offended by adultery and an offense against God cannot be forgiven by man 62 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 63 According to Judaism the Seven laws of Noah apply to all of humankind these laws prohibit adultery with another man s wife 64 The Ten Commandments were meant exclusively for Jewish males 65 Michael Coogan writes that according to the text wives are the property of their husband marriage meaning transfer of property from father to husband 65 and women are less valuable than real estate being mentioned after real estate 65 Adultery is violating the property right of a man 66 Coogan s book was criticized by Phyllis Trible who argues that he failed to note that patriarchy was not decreed but only described by God patriarchy being specific to people after the fall 67 She states that Paul the Apostle made the same mistake as Coogan 67 The extramarital intercourse of a married man is not in itself considered a crime in biblical or later Jewish law 68 Sexual intercourse between an Israelite man married or not and a woman who was neither married nor betrothed was not considered adultery 69 This concept of adultery stems from the economic aspect of Israelite marriage whereby the husband has an exclusive right to his wife whereas the wife as the husband s possession did not have an exclusive right to her husband 70 David s sexual intercourse with Bathsheba the wife of Uriah did not count as adultery According to Jennifer Wright Knust this was because Uriah was no Jew and only Jewish men were protected by the legal code from Sinai 71 However according to the Babylonian Talmud Uriah was indeed Jewish 72 73 and wrote a provisional bill of divorce prior to going out to war specifying that if he fell in battle the divorce would take effect from the time the writ was issued 74 75 Christianity Edit Thou shalt not commit adultery Nathan confronts David bronze bas relief on the door of the La Madeleine Paris Paris Adultery is considered immoral by Christians and a sin based primarily on passages like Exodus 20 14 and 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 Catholicism ties fornication with breaking the sixth commandment in its Catechism 76 Until a few decades ago when adultery was a criminal offense in many countries where the dominant religion is Christianity especially in Roman Catholic countries for example in Austria it was a criminal offense until 1997 77 Adultery was decriminalized in Argentina in 1995 78 and in Brazil in 2005 79 but in some predominantly Catholic countries such as the Philippines it remains illegal The Book of Mormon also prohibits adultery For instance Abinadi cites the Ten Commandments when he accuses King Noah s priests of sexual immorality 80 When Jesus Christ visits the Americas he reinforces the law and teaches them the higher law also found in the New Testament Behold it is written by them of old time that thou shalt not commit adultery but I say unto you that whosoever looketh on a woman to lust after her hath committed adultery already in his heart 81 Some churches such as the Church of Jesus Christ of Latter day Saints have interpreted adultery to include all sexual relationships outside of marriage regardless of the marital status of the participants 82 Book of Mormon prophets and civil leaders often list adultery as an illegal activity along with murder robbing and stealing 83 Islam Edit See also Extramarital sex Islam Zina is an Arabic term for illegal intercourse premarital or extramarital Various conditions and punishments have been attributed to adultery Under Islamic 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 84 Qur anic verses prohibiting adultery include Do not go near to adultery Surely it is a shameful deed and evil opening roads to other evils Quran 17 32 85 Say Verily my Lord has prohibited the shameful deeds be it open or secret sins and trespasses against the truth and reason Quran 7 33 86 Punishments are reserved to the legal authorities and false accusations are to be punished severely 87 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 be convicted of adultery unless both of the accused also agree and give their confession under oath four times 88 According to a hadith attributed to Muhammad an unmarried person who commits adultery or fornication is punished by flogging 100 times a married person will then be stoned to death 89 A survey conducted by the Pew Research Center found support for stoning as a punishment for adultery mostly in Arab countries it was supported in Egypt 82 of respondents in favor of the punishment and Jordan 70 in favor as well as Pakistan 82 favor whereas in Nigeria 56 in favor and in Indonesia 42 in favor opinion is more divided perhaps due to diverging traditions and differing interpretations of Sharia 90 Eastern religions Edit Hinduism Edit The Hindu Sanskrit texts present a range of views on adultery offering widely differing positions 91 92 The hymn 4 5 5 of the Rigveda calls adultery as papa evil sin 93 94 Other Vedic texts state adultery to be a sin just like murder incest anger evil thoughts and trickery 95 The Vedic texts including the Rigveda the Atharvaveda and the Upanishads also acknowledge the existence of male lovers and female lovers as a basic fact of human life followed by the recommendation that one should avoid such extra marital sex during certain ritual occasions yajna 91 A number of simile in the Rigveda a woman s emotional eagerness to meet her lover is described and one hymn prays to the gods that they protect the embryo of a pregnant wife as she sleeps with her husband and other lovers 91 Adultery and similar offenses are discussed under one of the eighteen vivadapadas titles of laws in the Dharma literature of Hinduism 96 Adultery is termed as Strisangrahana in dharmasastra texts 97 These texts generally condemn adultery with some exceptions involving consensual sex and niyoga levirate conception in order to produce an heir 98 99 According to Apastamba Dharmasutra the earliest dated Hindu law text cross varna adultery adultery across castes is a punishable crime where the adulterous man receives a far more severe punishment than the adulterous arya woman 100 In Gautama Dharmasutra the adulterous arya woman is liable to harsh punishment for the cross class adultery 100 While Gautama Dharmasutra reserves the punishment in cases of cross class adultery it seems to have been generalized by Vishnu Dharmasastra and Manusmiriti 101 The recommended punishments in the text also vary between these texts 101 The Manusmriti also known as the Laws of Manu deals with this in greater detail When translated verse 4 134 of the book declares adultery to be a heinous offense 102 The Manusmriti does not include adultery as a grievous sin but includes it as a secondary sin that leads to a loss of caste 103 In the book the intent and mutual consent are a part that determine the recommended punishment Rape is not considered as adultery for the woman while the rapist is punished severely Lesser punishment is recommended for consensual adulterous sex 100 Death penalty is mentioned by Manu 104 as well as penance for the sin of adultery 103 105 even in cases of repeated adultery with a man of the same caste 106 In verses 8 362 363 the author states that sexual relations with the wife of traveling performer is not a sin and exempts such sexual liaisons 107 108 The book offers two views on adultery It recommends a new married couple to remain sexually faithful to each other for life It also accepts that adulterous relationships happen children are born from such relationships and then proceeds to reason that the child belongs to the legal husband of the pregnant woman and not to the biological father 109 Other dharmasastra texts describe adultery as a punishable crime but offer differing details 101 According to Naradasmriti 12 61 62 it is an adulterous act if a man has sexual intercourse with the woman who is protected by another man The term adultery in Naradasmriti is not confined to the relationship of a married man with another man s wife It includes sex with any woman who is protected including wives daughters other relatives and servants Adultery is not a punishable offence for a man if the woman s husband has abandoned her because she is wicked or he is eunuch or of a man who does not care provided the wife initiates it of her own volition 110 Brihaspati smriti mention among other things adulterous local customs in ancient India and then states for such practices these people incur neither penance nor secular punishment 111 Kautilya s Arthashastra includes an exemption that in case the husband forgives his adulterous wife the woman and her lover should be set free If the offended husband does not forgive the Arthashastra recommends the adulterous woman s nose and ears be cut off while her lover be executed 112 The Kamasutra discusses adultery and Vatsyayana devotes not less than fifteen sutras 1 5 6 20 to enumerating the reasons karana for which a man is allowed to seduce a married woman 113 According to Wendy Doniger the Kamasutra teaches adulterous sexual liaison as a means for a man to predispose the involved woman in assisting him working against his enemies and facilitating his successes It also explains the many signs and reasons a woman wants to enter into an adulterous relationship and when she does not want to commit adultery 114 The Kamasutra teaches strategies to engage in adulterous relationships but concludes its chapter on sexual liaison stating that one should not commit adultery because adultery pleases only one of two sides in a marriage hurts the other it goes against both dharma and artha 112 According to Werner Menski the Sanskrit texts take widely different positions on adultery with some considering it a minor offense that can be addressed with penance but others treat it as a severe offense that depending on the caste deserves the death penalty for the man or the woman 92 According to Ramanathan and Weerakoon in Hinduism the sexual matters are left to the judgment of those involved and not a matter to be imposed through law 115 According to Carl Olsen the classical Hindu society considered adultery as a sexual transgression but treated it with a degree of tolerance 116 It is described as a minor transgression in Naradasmriti and other texts one that a sincere penance could atone 116 117 Penance is also recommended to a married person who does not actually commit adultery but carries adulterous thoughts for someone else or is thinking of committing adultery 118 Other Hindu texts present a more complex model of behavior and mythology where gods commit adultery for various reasons For example Krishna commits adultery and the Bhagavata Purana justifies it as something to be expected when Vishnu took a human form just like sages become uncontrolled 119 According to Tracy Coleman Radha and other gopis are indeed lovers of Krishna but this is prema or selfless true love and not carnal craving In Hindu texts this relationship between gopis and Krishna involves secret nightly rendezvous Some texts state it to be divine adultery others as a symbolism of spiritual dedication and religious value 120 The example of Krishna s adulterous behavior has been used by Sahajiyas Hindus of Bengal to justify their own behavior that is contrary to the mainstream Hindu norm according to Doniger 119 Other Hindu texts state that Krishna s adultery is not a license for other men to do the same in the same way that men should not drink poison just because Rudra Shiva drank poison during the Samudra Manthan 119 A similar teaching is found in Mahayana Buddhism states Doniger 119 The Linga Purana shows that sexual hospitality existed in ancient India The sage Sudarshana asks his wife Oghavati to please their guests in this way One day he comes home while she is having sex with a mendicant who visits their house Sudarshaan tells them to continue The mendicant turns out to be Dharma the lord of righteous conduct who blesses the couple for their upholding of social law 121 122 Buddhism Edit Buddhist texts such as Digha Nikaya describe adultery as a form of sexual wrongdoing that is one link in a chain of immorality and misery According to Wendy Doniger this view of adultery as evil is postulated in early Buddhist texts as having originated from greed in a previous life This idea combines Hindu and Buddhist thoughts then prevalent 123 Sentient beings without body state the canonical texts are reborn on earth due to their greed and craving some people become beautiful and some ugly some become men and some women The ugly envy the beautiful and this triggers the ugly to commit adultery with the wives of the beautiful Like in Hindu mythology states Doniger Buddhist texts explain adultery as a result from sexual craving it initiates a degenerative process 123 Buddhism considers celibacy as the monastic ideal For he who feels that he cannot live in celibacy it recommends that he never commit adultery with another s wife 124 Engaging in sex outside of marriage with the wife of another man with a girl who is engaged to be married or a girl protected by her relatives father or brother or extramarital sex with prostitutes ultimately causes suffering to other human beings and oneself It should be avoided state the Buddhist canonical texts 124 Buddhist Pali texts narrate legends where the Buddha explains the karmic consequences of adultery For example states Robert Goldman one such story is of Thera Soreyya 125 Buddha states in the Soreyya story that men who commit adultery suffer hell for hundreds of thousands of years after rebirth then are reborn a hundred successive times as women on earth must earn merit by utter devotion to their husbands in these lives before they can be reborn again as men to pursue a monastic life and liberation from samsara 125 126 There are some differences between the Buddhist texts and the Hindu texts on the identification and consequences of adultery According to Jose Ignacio Cabezon for example the Hindu text Naradasmriti considers consensual extra marital sex between a man and a woman in certain circumstances such as if the husband has abandoned the woman as not a punishable crime but the Buddhist texts nowhere exculpate any adulterous relationship The term adultery in Naradasmriti is broader in scope than the one in Buddhist sources In the text various acts such as secret meetings exchange of messages and gifts inappropriate touching and a false accusation of adultery are deemed adulterous while Buddhist texts do not recognize these acts under adultery 127 Later texts such as the Dhammapada Pancasiksanusamsa Sutra and a few Mahayana sutras state that heedless man who runs after other men s wife acquire demerit blame discomfort and are reborn in hell 128 Other Buddhist texts make no mention of legal punishments for adultery 127 Other historical practices Edit 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 In some 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 129 130 Among the Aztecs wives caught in adultery were occasionally impaled although the more usual punishment was to be stoned to death 131 The Code of Hammurabi a well preserved Babylonian law code of ancient Mesopotamia dating back to about 1772 BC provided drowning as punishment for adultery 132 Amputation of the nose rhinotomy was a punishment for adultery among many civilizations including ancient India ancient Egypt among Greeks and Romans and in Byzantium and among the Arabs 133 In the tenth century the Arab explorer Ibn Fadlan noted that adultery was unknown among the pagan Oghuz Turks Ibn Fadlan writes that adultery is unknown among them but whomsoever they find by his conduct that he is an adulterer they tear him in two This comes about so they bring together the branches of two trees tie him to the branches and then let both trees go so that he is torn in two 134 In medieval Europe early Jewish law mandated stoning for an adulterous wife and her partner 135 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 136 The christianization of Europe came to mean that in theory and unlike with the Romans there was supposed to be a single sexual standard where adultery was a sin and against the teachings of the church regardless of the sex of those involved In practice however the church seemed to have accepted the traditional double standard which punished the adultery of the wife more harshly than that of the husband 137 Among Germanic tribes each tribe had its own laws for adultery and many of them allowed the husband to take the law in his hands and commit acts of violence against a wife caught committing adultery 137 138 In the Middle Ages adultery in Vienna was punishable by death through impalement 139 Austria was one of the last Western countries to decriminalize adultery in 1997 140 The Encyclopedia of Diderot amp d Alembert Vol 1 1751 noted the legal double standard from that period it wrote 26 Furthermore although the husband who violates conjugal trust is guilty as well as the woman it is not permitted for her to accuse him nor to pursue him because of this crime Adultery and the law EditSee also Extramarital sex Law Main article Adultery laws Historically many cultures considered adultery a very serious crime some subject to severe punishment especially for the married woman and sometimes for her sex partner 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 such laws have become controversial with most Western countries repealing them However even in jurisdictions that have decriminalised adultery adultery 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 but may still be a factor in child custody and property disputes International organizations which have called for the decriminalising 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 Punishment Edit In jurisdictions where adultery is illegal punishments vary from fines for example in the US state of Rhode Island 141 to caning in parts of Asia 142 143 In fifteen countries 9 the punishment includes stoning although in recent times it has been legally enforced only in Iran and Somalia 10 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 144 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 jurisdictions the intruder the third party is punished 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 145 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 Further information Paternity law and Legitimacy family law 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 Historically paternity of children born out of adultery has been seen as a major issue 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 146 Establishing correct paternity may have major legal implications for instance in regard to inheritance Children born out of adultery suffered until recently adverse legal and social consequences 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 2001 when France was forced to change it by a ruling of the European Court of Human Rights ECtHR and in 2013 the ECtHR also ruled that the new 2001 regulations must be also applied to children born before 2001 147 There has been in recent years a trend of legally favoring the right to a relation between the child and its biological father rather than preserving the appearances of the social family In 2010 the ECtHR 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 148 Criticism of adultery laws Edit 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 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 with adultery being often defined as sexual intercourse between a married woman and a man other than her husband citation needed Among many cultures the penalty was and to this day still is as noted below capital punishment 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 Indeed בעל ba al Hebrew for husband used throughout the Bible is synonymous with owner These laws were enacted in fear of cuckoldry and thus sexual jealousy Many indigenous customs such as female genital mutilation 149 and even menstrual taboos 150 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 19 151 UN Women has called for the decriminalization of adultery 151 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 152 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 153 Salil Shetty Amnesty International s Secretary General said It is unbelievable that in the twenty first century some countries are condoning child marriage and marital rape while others are outlawing abortion sex outside marriage and same sex sexual activity even punishable by death 154 The My Body My Rights campaign has condemned state control over individual sexual and reproductive decisions stating All over the world people are coerced criminalized and discriminated against simply for making choices about their bodies and their lives 155 Consequences EditGeneral 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 156 Adultery can be emotionally traumatic for both spouses and often results in divorce 157 Adultery may lead to ostracization from certain religious or social groups 158 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 159 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 160 161 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 162 While there is correlation there is no evidence that divorces causes children to have struggles in later life 163 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 citation needed 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 164 165 166 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 seek medical advice if they thought they have been infected 167 Violence Edit Inca woman and man to be stoned for adultery by Huaman Poma 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 Marital infidelity has been used especially in the past as a legal defence of provocation to a criminal charge such as murder or assault In some jurisdictions the defence of provocation has been replaced by a partial defence or provocation or the behaviour of the victim can be invoked as a mitigating factor in sentencing In recent decades feminists and women s rights organizations have worked to change laws and social norms which tolerate crimes of passion against women UN Women has urged states to review legal defenses of passion and provocation and other similar laws to ensure that such laws do not lead to impunity in regard to violence against women stating that laws should clearly state that these defenses do not include or apply to crimes of honour adultery or domestic assault or murder 168 The Council of Europe Recommendation Rec 2002 5 of the Committee of Ministers to member states on the protection of women against violence 169 states that member states should preclude adultery as an excuse for violence within the family Honor killings Edit Main article Honor killing 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 170 Honor killings have also taken place in immigrant communities in Europe Canada and the U S In some parts of the world honor killings enjoy considerable public support in one survey 33 4 of teenagers in Jordan s capital city Amman approved of honor killings 171 A survey in Diyarbakir Turkey found that when asked the appropriate punishment for a woman who has committed adultery 37 of respondents said she should be killed while 21 said her nose or ears should be cut off 172 Until 2009 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 173 Other articles also provide for reduced sentences Article 192 states that a judge may opt for reduced punishments such as short term imprisonment if the killing was done with an honorable intent Article 242 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 174 In recent years Jordan has amended its Criminal Code to modify its laws which used to offer a complete defense for honor killings 175 According to the UN in 2002 The report of the Special Rapporteur concerning cultural practices in the family that are violent towards women E CN 4 2002 83 indicated that honour killings had been reported in Egypt Jordan Lebanon Morocco Pakistan the Syrian Arab Republic Turkey Yemen and other Mediterranean and Persian Gulf countries and that they had also taken place in western countries such as France Germany and the United Kingdom within migrant communities 176 177 Crimes of passion Edit Main article Crime of passion 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 178 Stoning Edit 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 Main article Stoning 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 179 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 180 Flogging Edit Main articles Flogging and Judicial corporal punishment In some jurisdictions flogging is a punishment for adultery 181 182 There are also incidents of extrajudicial floggings ordered by informal religious courts In 2011 a 14 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 183 184 Violence between the partners of an adulterous couple Edit 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 185 186 Because of the nature of adultery illicit or illegal in many societies this type of intimate partner violence may go underreported or may not be prosecuted when it is reported and in some jurisdictions this type of violence is not covered by the specific domestic violence laws meant to protect persons in legitimate couples 187 188 In fiction Edit Further information Adultery in literature 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 See also EditAdultery in literature Affair Crime of passion Cuckold Emotional affair Family therapy Relationship counseling Fornication Honor killing Incest Incidence of monogamy Jesus and the woman taken in adultery MacLennan v MacLennan Mistress On again off again relationship Open marriage Polygyny threshold model Polyamory Sexual jealousy in humans SwingingReferences Edit Encyclopaedia Britannica Online Adultery Britannica com Archived from the original on 25 December 2018 Retrieved 12 July 2010 Sweeney JoAnn 2014 Undead 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woman depending on the caste status Wendy Doniger O Flaherty 1988 The Origins of Evil in Hindu Mythology Motilal Banarsidass pp 7 with footnote 40 ISBN 978 81 208 0386 2 Archived from the original on 21 December 2019 Retrieved 22 June 2018 Stephanie Jamison Joel Brereton 2014 The Rigveda 3 Volume Set Oxford University Press p 566 ISBN 978 0 19 972078 1 Archived from the original on 24 December 2018 Retrieved 22 June 2018 Quote Sanskrit Archived 20 September 2020 at the Wayback Machine अभ र तर न य षण व यन त पत र प न जनय द र व प प स सन त अन त असत य इद पदमजनत गभ रम ५ Translation You pursuing it like brotherless maidens pursuing men you of evil ways like wives cheating their husbands though being wicked untruthful untrue you begot this deep track Rick F Talbott 2005 Sacred Sacrifice Ritual Paradigms in Vedic Religion and Early Christianity Wipf and Stock Publishers p 75 ISBN 978 1 59752 340 0 Archived from the original on 21 December 2019 Retrieved 10 February 2018 Rocher Ludo 2012 Studies 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web cite web a CS1 maint archived copy as title link Puerto Rico Controversial Decision on Domestic Violence Global Voices Global Voices 3 April 2011 Archived from the original on 12 October 2015 Retrieved 29 September 2015 Further reading Edit Media related to Adultery at Wikimedia Commons McCracken Peggy 1998 The romance of adultery queenship and sexual transgression in Old French literature University of Pennsylvania Press ISBN 0 8122 3432 4 Mathews J Dating a Married Man Memoirs from the Other Women 2008 ISBN 1 4404 5004 8 Best Practices Progressive Family Laws in Muslim Countries August 2005 Moultrup David J 1990 Husbands Wives amp Lovers New York Guilford Press Glass S P Wright T L 1992 Justifications for extramarital relationships The association between attitudes behaviors and gender Journal of Sex Research 29 3 361 387 doi 10 1080 00224499209551654 Goody Jack 1956 A Comparative Approach to Incest and Adultery The British Journal of Sociology 7 4 286 305 doi 10 2307 586694 JSTOR 586694 Pittman F 1989 Private Lies New York W W Norton Co Rubin A M Adams J R 1986 Outcomes of sexually open marriages Journal of Sex Research 22 3 311 319 doi 10 1080 00224498609551311 Vaughan P 1989 The Monogamy Myth New York New Market Press Blow Adrian J Hartnett Kelley April 2005 Infidelity in Committed Relationships I A Methodological Review Journal of Marital and Family Therapy INFIDELITY IN COMMITTED RELATIONSHIPS I A METHODOLOGICAL REVIEW Journal of Marital amp Family Therapy Find Articles at BNET at www findarticles com Blow Adrian J Hartnett Kelley April 2005 Infidelity in Committed Relationships II A Substantive Review Journal of Marital and Family Therapy INFIDELITY IN COMMITTED RELATIONSHIPS II A SUBSTANTIVE REVIEW Journal of Marital and Family Therapy Find Articles at BNET at www findarticles com Retrieved from https en wikipedia org w index php title Adultery amp oldid 1132042081, wikipedia, wiki, book, books, library,

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