Adultery

Adultery is generally defined as extramarital sex that is or was considered objectionable on social, religious and moral grounds, and which often resulted in legal consequences. Although the sexual activities that can be described as adultery vary, as well as their consequences, the concept is found in many cultures and shares similarities in Judaism, Christianity and Islam. Adultery was and continues to be viewed by many societies as offensive to public morals, and as undermining the "marital" relationship.

Historically, many cultures considered adultery a sin and a very serious crime, sometimes subject to severe penalties, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, or torture. In most Western countries during the 19th century, most direct criminal penalties have fallen into disfavor. Since the 20th century, criminal laws against adultery have become controversial, with most Western countries repealing adultery laws. In countries where adultery is still a criminal offense, punishments range from a fine to caning and even capital punishment.

Even in jurisdictions that have repealed adultery laws, adultery may still have legal consequences. For example, in jurisdictions with fault-based divorce laws adultery almost always constitutes a ground for divorce and in some jurisdictions it may be considered in relation to custody of children. Even in jurisdictions with no-fault divorce, adultery may still be a factor in property settlement and the award or denial of alimony.

International organizations have called for the repeal of adultery laws, especially in the light of several high-profile stoning cases that took place in some countries. The head of the United Nations expert body charged with identifying ways to eliminate laws that discriminate against women or are discriminatory to them in terms of implementation or impact, Kamala Chandrakirana, has stated that: "Adultery must not be classified as a criminal offence at all". 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".

In Muslim countries that follow Sharia law for criminal justice, the punishment for adultery may be stoning. There are fifteen countries in which stoning is authorized as lawful punishment, though in recent times it has been legally carried out only in Iran and Somalia. Most countries where adultery is a crime are those where the dominant religion is Islam, and several Sub-Saharan African Christian-majority countries, but also in the 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.

The term adultery refers to sexual acts between a married person and someone who is not that person's spouse. 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, with the legal definition of adultery being "physical contact with an alien and unlawful organ", 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]". 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]}