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Adultery laws are the laws in various countries that deal with extramarital sex.Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, especially in the case of extramarital sex involving a married woman and a man other than her husband, with penalties including capital punishment, mutilation, or torture. [1]
This is an accepted version of this page This is the latest accepted revision, reviewed on 22 January 2025. Type of extramarital sex 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. Illustration depicting an adulterous wife, circa 1800 Sex and the law Social issues Consent ...
Infidelity (synonyms include non-consensual non-monogamy, cheating, straying, adultery, being unfaithful, two-timing, or having an affair) is a violation of a couple's emotional or sexual exclusivity that commonly results in feelings of anger, sexual jealousy, and rivalry.
Since 1935, this tort has been abolished in 42 states, including New York [7] and Illinois. [8] Most states have abolished the action by legislation, but some came to an end by judicial review. For example, in 1927, actions for alienation of affection were abolished in Louisiana as a result of Moulin v. Monteleone, 165 La. 169, 115 So. 447.
In order to use adultery as grounds for a divorce, the filing party must present sufficient proof that the other party had sexual relations with a third party. [34] Circumstantial as well as documented evidence, including videotapes of the spouse committing the sexual infidelity, can be used as proof of adultery. [34]
In 1962, Illinois adopted the recommendations of the Model Penal Code and thus became the first state to remove criminal penalties for consensual sodomy from its criminal code, [7] almost a decade before any other state. Over the years, many of the states that did not repeal their sodomy laws had enacted legislation reducing the penalty.
Participants in open relationships, including unmarried couples and polyamorous families, may consider sanctioned affairs the norm, but when a non-sanctioned affair occurs, it is described as infidelity and maybe experienced as adultery, or a betrayal both of trust and integrity, even though to most people it would not be considered illicit.
In the state of Victoria, the tort of criminal conversation was abolished by section 146 of the Marriage Act 1915 (Vic), [19] although that act also provided for a husband to seek damages from a man guilty of adultery with his wife as part of divorce proceedings (sections 147–149). In Tasmania, action for criminal conversation was abolished ...