View source for Social:Adultery laws

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'''Adultery laws''' are the laws in various countries that deal with [[Social:Extramarital sex|extramarital sex]]. Historically, many cultures considered [[Social:Adultery|adultery]] a very serious [[Philosophy:Crime|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 [[Social:Capital punishment|capital punishment]], [[Social:Mutilation|mutilation]], or [[Philosophy:Torture|torture]].<ref name="ReferenceA">{{Google books |id=mt0TAAAAIAAJ |title=The doctrine and law of marriage, adultery, and divorce }}</ref> 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 [[Finance:Fine (penalty)|fine]]s to caning<ref name="The Age">{{cite web|url=http://www.theage.com.au/world/aceh-woman-gangraped-by-vigilantes-for-alleged-adultery-now-to-be-flogged-20140507-zr5x3.html|title=Aceh woman, gang-raped by vigilantes for alleged adultery, now to be flogged|work=The Age|date=6 May 2014|access-date=7 May 2014|archive-date=8 May 2014|archive-url=https://web.archive.org/web/20140508021350/http://www.theage.com.au/world/aceh-woman-gangraped-by-vigilantes-for-alleged-adultery-now-to-be-flogged-20140507-zr5x3.html|url-status=live}}</ref> and even capital punishment. Since the 20th century, criminal laws against adultery have become controversial, with most Western countries repealing them.

Most countries that criminalize adultery are those where the [[Religion:Muslim world|dominant religion is Islam]], and several [[Place:Sub-Saharan Africa|sub-Saharan Africa]]n Christian-majority countries, but there are some notable exceptions to this rule, namely the {{wipe|Philippines}} and 15 U.S. states (as well as Puerto Rico).

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 [[Social:Alimony|alimony]], etc. Adultery is not a ground for divorce in jurisdictions which have adopted a [[Social:No-fault divorce|no-fault divorce]] model, but may still be a factor in child custody and property disputes.

The criminal status of adultery has attracted criticism, especially where there are violent penalties. 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".<ref name="Ipsnews.net">{{cite web |url=http://www.ipsnews.net/2012/10/adultery-laws-unfairly-target-women-u-n-says/ |title=IPS – Adultery Laws Unfairly Target Women, U.N. Says &#124; Inter Press Service |publisher=Ipsnews.net |date=24 October 2012 |access-date=28 September 2013 |archive-date=2 October 2013 |archive-url=https://web.archive.org/web/20131002033054/http://www.ipsnews.net/2012/10/adultery-laws-unfairly-target-women-u-n-says/ |url-status=live }}</ref> 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".<ref name="DisplayNews">{{cite web |url=http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12672&LangID=E |title=DisplayNews |publisher=Ohchr.org |date=18 October 2012 |access-date=28 September 2013 |archive-date=19 December 2013 |archive-url=https://web.archive.org/web/20131219013548/http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12672&LangID=E |url-status=live }}</ref>

In Muslim countries that follow Sharia law for criminal justice, the punishment for adultery may be stoning.<ref name="Punishment for adultery in Islam">{{cite web |url=http://www.religioustolerance.org/isl_adul2.htm |title=Punishment for adultery in Islam |publisher=Religioustolerance.org |access-date=26 February 2015 |archive-date=9 January 2015 |archive-url=https://web.archive.org/web/20150109132329/http://www.religioustolerance.org/isl_adul2.htm |url-status=live }}</ref> There are fifteen<ref name="Thomson Reuters Foundation">{{cite web |url=http://www.trust.org/item/20130927160132-qt52c/ |title=INFOGRAPHIC: Stoning - where is it legal? |publisher=Trust.org |access-date=26 February 2015 |archive-date=27 January 2014 |archive-url=https://web.archive.org/web/20140127195029/http://www.trust.org/item/20130927160132-qt52c |url-status=live }}</ref> countries in which stoning is authorized as lawful punishment, though in recent times it has been legally carried out only in Iran and Somalia.<ref name="auto"/> 
Countries which follow very strict versions of Sharia law in their criminal systems include Saudi Arabia, Iran, Brunei, Afghanistan, Sudan, Pakistan, 12 of Nigeria's 36 states (in Northern Nigeria) and Qatar; although these laws are not necessarily enforced.<ref name="Sharia law around the world">{{cite web|url=https://www.france24.com/en/live-news/20210820-sharia-law-around-the-world|title = Sharia law around the world|date = 20 August 2021}}</ref> [[Religion:Al-Shabaab (militant group)|Al-Shabaab]], a jihadist fundamentalist group based in East Africa (mainly Somalia) and Yemen also implements an extreme form of Sharia.<ref name="Sharia law around the world"/>

==Punishment==
In jurisdictions where adultery is illegal, punishments vary from fines (for example in the US state of Rhode Island<ref>{{cite web|url=http://law.justia.com/codes/rhode-island/2012/title-11/chapter-11-6/chapter-11-6-2/|title=2012 Rhode Island General Laws :: Title 11 - Criminal Offenses :: Chapter 11-6 - Bigamy and Adultery :: Chapter 11-6-2 - Adultery.|access-date=2 September 2017|archive-date=2 September 2017|archive-url=https://web.archive.org/web/20170902232743/http://law.justia.com/codes/rhode-island/2012/title-11/chapter-11-6/chapter-11-6-2/|url-status=live}}</ref>) to caning in parts of Asia.<ref>{{cite news|url=https://www.independent.co.uk/news/world/asia/150-women-face-adultery-flogging-on-maldives-1757150.html|title=150 women face adultery flogging on Maldives|website=Independent.co.uk|date=22 July 2009|access-date=19 September 2017|archive-date=26 December 2018|archive-url=https://web.archive.org/web/20181226044109/https://www.independent.co.uk/news/world/asia/150-women-face-adultery-flogging-on-maldives-1757150.html|url-status=live}}</ref><ref>{{cite web|url=http://edition.cnn.com/2010/WORLD/asiapcf/02/17/malaysia.adultery.caning/index.html|title=3 women caned in Malaysia for adultery|website=CNN.com|first=Joe|last=Sterling|access-date=2 September 2017|archive-date=2 September 2017|archive-url=https://web.archive.org/web/20170902225108/http://edition.cnn.com/2010/WORLD/asiapcf/02/17/malaysia.adultery.caning/index.html|url-status=live}}</ref> In fifteen countries<ref name="Thomson Reuters Foundation"/> the punishment includes stoning, although in recent times it has been legally enforced only in Iran and Somalia.<ref name="auto">{{cite web |author=Mic |url=http://mic.com/articles/68431/women-around-the-world-are-being-stoned-to-death-do-you-know-the-facts |title=Women Around the World Are Being Stoned to Death. Do You Know the Facts? |publisher=Mic |date=16 October 2013 |access-date=26 February 2015 |archive-date=26 February 2015 |archive-url=https://web.archive.org/web/20150226194220/http://mic.com/articles/68431/women-around-the-world-are-being-stoned-to-death-do-you-know-the-facts |url-status=live }}</ref> 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.<ref>{{cite web|url=http://edition.cnn.com/2015/11/04/asia/afghanistan-taliban-woman-stoning/index.html|title=Afghan woman stoned to death over adultery accusation|publisher=CNN|author1=Jethro Mullen|author2=Masoud Popalzai|date=4 November 2015 |access-date=2 September 2017|archive-date=2 September 2017|archive-url=https://web.archive.org/web/20170902224628/http://edition.cnn.com/2015/11/04/asia/afghanistan-taliban-woman-stoning/index.html|url-status=live}}</ref> Adultery may have consequences under civil law even in countries where it is not outlawed by the [[Social:Criminal law|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 [...]".<ref>{{cite web |url=http://www.wipo.int/edocs/lexdocs/laws/en/ss/ss014en.pdf |title=Archived copy |access-date=2 September 2017 |archive-date=28 August 2017 |archive-url=https://web.archive.org/web/20170828210716/http://www.wipo.int/edocs/lexdocs/laws/en/ss/ss014en.pdf |url-status=live }}</ref> 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).

==Asia==
===Southwest Asia===
In Southwest Asia, adultery has attracted severe sanctions, including the death penalty. In some places, such as Saudi Arabia, the method of punishment for adultery is [[Religion:Stoning in Islam|stoning to death]]. Proving adultery under Muslim law can be a very difficult task as it requires the accuser to produce four eyewitnesses to the act of sexual intercourse, each of whom should have a good reputation for truthfulness and honesty. The criminal standards do not apply in the application of social and family consequences of adultery, where the standards of proof are not as exacting.<ref>{{cite book|title=Encyclopedia of Islam|publisher=Infobase Publishing|page=174|author=Juan Eduardo Campo}}</ref><ref>{{cite book|title=Reasoning with God: Reclaiming Shari'ah in the Modern Age|author=Khaled Abou El Fadl|publisher=Rowman & Littlefield}}</ref> Sandra Mackey, author of ''The Saudis: Inside the Desert Kingdom'', stated in 1987 that in Saudi Arabia, "unlike the tribal rights of a father to put to death a daughter who has violated her chastity, death sentences under Koranic law [for adultery] are extremely rare."<ref>Mackey, Sandra. ''The Saudis: Inside the Desert Kingdom''. Updated Edition. Norton Paperback. W.W. Norton and Company, New York. 2002 (first edition: 1987). p. 271 {{ISBN|0-393-32417-6}} pbk.</ref>

In regions of Iraq and Syria under ISIL, there have been reports of floggings as well as execution of people who engaged in adultery. The method of execution was typically by stoning.<ref>{{cite book|last1=McCants|first1=William|title=The Believer: How an Introvert with a Passion for Religion and Soccer Became Abu Bakr al-Baghdadi, Leader of the Islamic State <!-- This ebook is 19 (or 23) pages in total, depending on where I look--> |date=1 September 2015 }}</ref> ISIL would not merely oppose adultery but also oppose behavior that from their point of view could lead to adultery, such as women not being covered, people of the opposite sex socializing with one another, or even female mannequins in store windows.<ref>{{cite book|last1=Byman|first1=Daniel|title=Al Qaeda, the Islamic State, and the Global Jihadist Movement|date=2015|page=175}}</ref>

===China===
In China, punishments for adultery were differentiated based on gender of the spouse until 1935.<ref name="taiintime"/> Adultery is no longer a crime in the {{wipe|China}}, but is a ground for divorce.<ref>{{cite web|title=Marriage Law of the People's Republic of China, Article 32|url=http://www.nwccw.gov.cn/?action-viewnews-itemid-140641-page-2|access-date=25 October 2011|archive-date=25 April 2012|archive-url=https://web.archive.org/web/20120425091714/http://www.nwccw.gov.cn/?action-viewnews-itemid-140641-page-2|url-status=live}}(中华人民共和国婚姻法第三十二条)</ref>

===Taiwan===
In Taiwan, adultery was a criminal offense before 2020.<ref>{{cite news |title=Taiwan's Constitutional Court rules criminalizing adultery unconstitutional |url=https://taiwantoday.tw/news.php?unit=10&post=178474 |access-date=1 June 2020 |work=Taiwan Today |date=1 June 2020 |archive-date=24 July 2020 |archive-url=https://web.archive.org/web/20200724233107/https://taiwantoday.tw/news.php?unit=10&post=178474 |url-status=live }}</ref><ref>{{cite web |title=Criminal Code of the Republic of China, Article 239 |url=http://law.moj.gov.tw/Eng/LawClass/LawSearchNo.aspx?PC=C0000001&DF=&SNo=239 |access-date=4 May 2013 |archive-date=4 June 2015 |archive-url=https://web.archive.org/web/20150604052624/http://law.moj.gov.tw/Eng/LawClass/LawSearchNo.aspx?PC=C0000001&DF=&SNo=239 |url-status=live }}</ref> The law was challenged in 2002 when it was upheld by the Constitutional Court.<ref>{{cite news |last1=Lin |first1=Chang-shun |last2=Hsu |first2=Elizabeth |title=Constitutional Court hears debate on decriminalization of adultery |url=https://focustaiwan.tw/politics/202003310016 |access-date=11 April 2020 |agency=Central News Agency |date=31 March 2020 |archive-date=11 April 2020 |archive-url=https://web.archive.org/web/20200411190346/https://focustaiwan.tw/politics/202003310016 |url-status=live }}</ref> Arguments were heard again by the court in March 2020,<ref>{{cite news |last1=Hale |first1=Erin |title=Taiwan: The liberal democracy where adultery remains a crime |url=https://www.aljazeera.com/news/2020/02/taiwan-liberal-democracy-adultery-remains-crime-200226062636747.html |access-date=11 April 2020 |publisher=Al Jazeera |date=29 March 2020 |archive-date=2 April 2020 |archive-url=https://web.archive.org/web/20200402062939/https://www.aljazeera.com/news/2020/02/taiwan-liberal-democracy-adultery-remains-crime-200226062636747.html |url-status=live }}</ref><ref>{{cite news|url=https://focustaiwan.tw/politics/202003310016|title=Constitutional Court hears debate on decriminalization of adultery|date=March 31, 2020|access-date=May 29, 2020|work=Central News Agency|last1=Lin|first1=Chang-shun|last2=Hsu|first2=Elizabeth|archive-date=11 April 2020|archive-url=https://web.archive.org/web/20200411190346/https://focustaiwan.tw/politics/202003310016|url-status=live}}</ref> and the court ruled the law unconstitutional on 29 May 2020.<ref>{{cite news |last1=Lin |first1=Chang-shun |last2=Hsu |first2=Elizabeth |title=Adultery as criminal offense ruled unconstitutional (update) |url=https://focustaiwan.tw/society/202005290017 |access-date=29 May 2020 |agency=Central News Agency |date=29 May 2020 |archive-date=30 May 2020 |archive-url=https://web.archive.org/web/20200530023427/https://focustaiwan.tw/society/202005290017 |url-status=live }}</ref> Twelve of fifteen justices issued a concurring opinion, two others concurred in part, and one dissented.<ref>{{cite news |last1=Wu |first1=Cheng-feng |last2=Chang |first2=Wen-chuan |last3=Chung |first3=Jake |title=Grand Justices decriminalize adultery |url=https://www.taipeitimes.com/News/front/archives/2020/05/30/2003737291 |access-date=30 May 2020 |work=Taipei Times |date=30 May 2020 |archive-date=7 June 2020 |archive-url=https://web.archive.org/web/20200607163018/https://www.taipeitimes.com/News/front/archives/2020/05/30/2003737291 |url-status=live }}</ref><ref>{{cite news |last1=Wu |first1=Hsin-yun |last2=Hsiao |first2=Po-wen |last3=Hsu |first3=Elizabeth |title=Opinions on adultery decriminalization ruling mixed |url=https://focustaiwan.tw/society/202005290021 |access-date=30 May 2020 |agency=Central News Agency |date=29 May 2020 |archive-date=30 May 2020 |archive-url=https://web.archive.org/web/20200530023444/https://focustaiwan.tw/society/202005290021 |url-status=live }}</ref> The Legislative Yuan amended the {{ill|lt=Criminal Code|Criminal Code of the Republic of China|zh|中華民國刑法}} on 31 May 2021, removing the article criminalizing adultery entirely.<ref>{{cite news |last1=Wang |first1=Yang-yu |last2=Liu |first2=Kay |title=Legislature amends Criminal Code to remove adultery as a crime |url=https://focustaiwan.tw/politics/202105310015 |access-date=3 June 2021 |agency=Central News Agency |date=31 May 2021}}</ref>

During Qing rule in Taiwan (1683 to 1895), the husband or his relatives could bring charges. The standard sentence was ninety lashes for each of the accused. The woman could be sold or divorced. The matter could be settled out of court, with bodily harm to the accused or assorted punishments affecting his social standing. Under Japanese rule, only the husband could bring charges. The accused could be sentenced to two years imprisonment. [[Social:Wife selling|Wife selling]] became illegal, although private settlements still occurred.<ref name="taiintime">{{cite news |author1=Han Cheung |title=Taiwan in Time: Two centuries of punishing cheaters |url=https://taipeitimes.com/News/feat/archives/2020/04/12/2003734452 |access-date=12 April 2020 |work=Taipei Times |date=12 April 2020 |archive-date=11 April 2020 |archive-url=https://web.archive.org/web/20200411190347/https://taipeitimes.com/News/feat/archives/2020/04/12/2003734452 |url-status=live }}</ref>

===India===
On 27 September 2018, the Supreme Court of India ruled Section 497 of the Indian Penal Code, the law which criminalized adultery, as unconstitutional.<ref>{{cite web |url=https://www.thesouthafrican.com/news/india-adultery-no-longer-a-crime/ |title=India celebrates as adultery is no longer a crime |date=27 September 2018 |access-date=7 July 2019 |archive-date=7 July 2019 |archive-url=https://web.archive.org/web/20190707062141/https://www.thesouthafrican.com/news/india-adultery-no-longer-a-crime/ |url-status=live }}</ref><ref>{{cite web |title=''Joseph Shine v Union of India'' |url=https://drive.google.com/file/d/1p-twDRPuJRXepmyAIxqYitS-OHKSQAyF/view |access-date=30 September 2018 |archive-date=23 December 2019 |archive-url=https://web.archive.org/web/20191223005943/https://drive.google.com/file/d/1p-twDRPuJRXepmyAIxqYitS-OHKSQAyF/view |url-status=live }}</ref><ref>{{cite web |last1=Sebastian |first1=Manu |title=Patriarchy & Paternalism Underpinnings of Section 497 IPC |url=https://www.livelaw.in/patriarchy-paternalism-underpinnings-of-section-497-ipc-justice-chandrachud-in-adultery-judgment-read-judgment |website=LiveLaw.in |access-date=30 September 2018 |date=27 September 2018 |archive-date=28 September 2018 |archive-url=https://web.archive.org/web/20180928003432/https://www.livelaw.in/patriarchy-paternalism-underpinnings-of-section-497-ipc-justice-chandrachud-in-adultery-judgment-read-judgment/ |url-status=live }}</ref> Before 2018, adultery was defined as sex between a man and a woman without the consent of the woman's husband.<ref>{{cite web |url=http://www.gangothri.org/?q=node/6 |title=Adultery: Indian Law perspective |publisher=Gangothri.org |date=10 April 2013 |access-date=28 September 2013 |archive-url=https://web.archive.org/web/20130927065850/http://gangothri.org/?q=node%2F6 |archive-date=27 September 2013 |url-status=dead }}</ref> The man was prosecutable and could be sentenced for up to five years (even if he himself was unmarried) whereas the married woman couldn't be jailed.<ref>[http://articles.timesofindia.indiatimes.com/2011-12-03/india/30471373_1_adultery-law-consent-or-connivance-offence "Adultery law biased against men, says Supreme Court"] {{Webarchive|url=https://web.archive.org/web/20131024011807/http://articles.timesofindia.indiatimes.com/2011-12-03/india/30471373_1_adultery-law-consent-or-connivance-offence |date=24 October 2013 }}''The Times of India''</ref> Men have called the law gender discrimination in that women cannot be prosecuted for adultery<ref>[http://www.rediff.com/news/2003/aug/12adultery.htm 'Adultery law must apply equally to men and women'<!-- bot-generated title -->] {{Webarchive|url=https://web.archive.org/web/20080225132741/http://www.rediff.com/news/2003/aug/12adultery.htm |date=25 February 2008 }} at http://www.rediff.com {{Webarchive|url=https://web.archive.org/web/20091217233556/http://blogs.rediff.com/ |date=17 December 2009 }}</ref> and the National Commission of Women has criticized the British era law of being anti-feminist as it treats women as the property of their husbands and has consequently recommended deletion of the law or reducing it to a civil offense.<ref>[http://www.thehindu.com/todays-paper/tp-national/NCW-rejects-proposal-to-punish-women-for-adultery/article15735459.ece "NCW rejects proposal to punish women for adultery"] {{Webarchive|url=https://web.archive.org/web/20200123074050/https://www.thehindu.com/todays-paper/tp-national/NCW-rejects-proposal-to-punish-women-for-adultery/article15735459.ece |date=23 January 2020 }} ''The Hindu''</ref> Extramarital sex without the consent of one's partner can be a valid grounds for monetary penalty on government employees, as ruled by the Central Administrative Tribunal.<ref>[http://articles.timesofindia.indiatimes.com/2008-02-16/delhi/27744840_1_lover-misconduct-asi "CAT penalises cop living with lover-Delhi-Cities"] {{Webarchive|url=https://web.archive.org/web/20121105042411/http://articles.timesofindia.indiatimes.com/2008-02-16/delhi/27744840_1_lover-misconduct-asi |date=5 November 2012 }} ''The Times of India''</ref>

===Japan===
Adultery was a crime in {{wipe|Japan}} until 1947.<ref>{{cite web |url=http://www.lawteacher.net/constitutional-law/essays/analysis-of-south-koreas-adultery-law-essays.php |title=Analysis of South Koreas Adultery Law - Law Teacher |work=lawteacher.net |url-status=dead |archive-url=https://web.archive.org/web/20140812040026/http://www.lawteacher.net/constitutional-law/essays/analysis-of-south-koreas-adultery-law-essays.php |archive-date=12 August 2014 }}</ref>

===South Korea===
In 2015, South Korea's Constitutional Court overturned the country's law against adultery.<ref>{{Cite news|url=https://www.bbc.com/news/world-asia-31635747|title=South Korean court decriminalises adultery|newspaper=BBC News|date=26 February 2015|access-date=21 June 2018|archive-date=1 August 2018|archive-url=https://web.archive.org/web/20180801204655/https://www.bbc.com/news/world-asia-31635747|url-status=live}}</ref> Previously, adultery was criminalized in 1953, and violators were subject to two years in prison, with the aim of protecting women from divorce. The law was overturned because the court found that adultery is a private matter in which the state should not intervene.<ref>{{cite web|url=http://edition.cnn.com/2015/02/26/asia/south-korea-adultery/|title=Court: Adultery now not a crime in South Korea - CNN.com|author=Greg Botelho|author2=K.J. Kwon|date=26 February 2015|work=CNN|access-date=28 March 2015|archive-date=2 April 2015|archive-url=https://web.archive.org/web/20150402201410/http://edition.cnn.com/2015/02/26/asia/south-korea-adultery/|url-status=live}}</ref><ref>{{cite web|url=http://www.abc.net.au/news/2015-02-26/south-koreas-constitutional-court-strikes-down-adultery-law/6267024|title=South Korea's Constitutional Court strikes down controversial adultery law|work=ABC News|date=26 February 2015|access-date=28 March 2015|archive-date=20 September 2020|archive-url=https://web.archive.org/web/20200920201909/https://www.abc.net.au/news/2015-02-26/south-koreas-constitutional-court-strikes-down-adultery-law/6267024|url-status=live}}</ref><ref>{{Cite news| title=South Koreans and Adultery| newspaper=The New York Times| date=1 April 2015| access-date=7 April 2015| url=https://www.nytimes.com/2015/04/02/opinion/south-koreans-and-adultery.html| archive-date=2 April 2015| archive-url=https://web.archive.org/web/20150402004619/http://www.nytimes.com/2015/04/02/opinion/south-koreans-and-adultery.html| url-status=live}}</ref>

===Pakistan===
In {{wipe|Pakistan}}, adultery is a crime under the Hudood Ordinance, promulgated in 1979. The Ordinance sets a maximum penalty of [[Social:Capital punishment|death]]. The Ordinance has been particularly controversial because it requires a woman making an accusation of [[Medicine:Rape|rape]] to provide extremely strong evidence to avoid being charged with adultery herself. A conviction for rape is only possible with evidence from no fewer than four witnesses. In recent years high-profile rape cases in Pakistan have given the Ordinance more exposure than similar laws in other countries.<ref>[http://www.dawn.com/2005/07/13/nat2.htm Hudood laws open to change in Pakistan] {{Webarchive|url=https://web.archive.org/web/20070927221854/http://www.dawn.com/2005/07/13/nat2.htm |date=27 September 2007 }}, July 2005</ref> Similar laws exist in some other Muslim countries, such as Saudi Arabia and Brunei.

===Philippines===
Adultery is a crime in the {{wipe|Philippines}}.<ref>Revised Penal Code of the Philippines</ref> In the Philippines, the law differentiates based on the gender of the spouse. A wife can be charged with adultery, while a husband can only be charged with the related crime of concubinage, which is more loosely defined (it requires either keeping the mistress in the family home, or cohabiting with her, or having sexual relations under scandalous circumstances).<ref>{{cite web|url=http://jlp-law.com/blog/a-brief-discussion-on-infidelity-concubinage-adultery-and-bigamy/|title=A brief discussion on Infidelity, Concubinage, Adultery and Bigamy|work=Philippine e-Legal Forum|access-date=21 October 2014|archive-url=https://web.archive.org/web/20141021182713/http://jlp-law.com/blog/a-brief-discussion-on-infidelity-concubinage-adultery-and-bigamy/|archive-date=21 October 2014|url-status=dead}}</ref> There are currently proposals to decriminalize adultery in the Philippines.<ref>{{cite web|url=http://www.gmanetwork.com/news/story/363403/news/nation/gabriela-revives-proposal-to-decriminalize-adultery|title=Gabriela revives proposal to decriminalize adultery|work=GMA News Online|date=30 May 2014 |access-date=21 October 2014|archive-date=18 July 2014|archive-url=https://web.archive.org/web/20140718172430/http://www.gmanetwork.com/news/story/363403/news/nation/gabriela-revives-proposal-to-decriminalize-adultery|url-status=live}}</ref>

==Europe==
[[File:Affair.JPG|thumb|Adultery graffiti in Bristol, by Banksy ]]

Adultery is no longer a crime in any European country.

Adultery in English law was not a criminal offence in secular law from the later twelfth century until the seventeenth century. It was punishable under ecclesiastical law from the twelfth century until jurisdiction over adultery by ecclesiastical courts in England and Wales was abolished in England and Wales (and some British territories of the British Empire) by the Matrimonial Causes Act 1857. However, in English and Welsh common law of tort it was possible from the early seventeenth century for a spouse to prosecute an adulterer for damages on the grounds of loss of consortium until the Law Reform (Miscellaneous Provisions) Act 1970. Adultery was also illegal under secular statute law for the decade in which the Commonwealth (Adultery) Act (1650) was in force.<ref>Jeremy D. Weinstein, '[https://repository.uchastings.edu/hastings_law_journal/vol38/iss1/3 Adultery, Law, and the State: A History] {{Webarchive|url=https://web.archive.org/web/20191103141607/https://repository.uchastings.edu/hastings_law_journal/vol38/iss1/3/ |date=3 November 2019 }}', ''Hastings Law Journal'', 38.1 (1986), 195-238.</ref><ref>Marita Carnelley, '[http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1021-545X2013000200001 Laws on Adultery: Comparing the Historical Development of South African Common-law Principles with those in English Law] {{Webarchive|url=https://web.archive.org/web/20191225001737/http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1021-545X2013000200001 |date=25 December 2019 }}', ''Fundamina (Pretoria)'', 19.2 (February 2013), 185-211.</ref>

Among the last European countries to decriminalise adultery were Italy (1969), West Germany (1969), Malta (1973), Luxembourg (1974), {{wipe|France}} (1975), {{wipe|Spain}} (1978), Portugal (1982), Greece (1983), Belgium (1987), {{wipe|Switzerland}} (1989), and Austria (1997).<ref>{{Google books |id=HartNkkDBssC |title=The European Convention for the Protection of Human Rights }}</ref><ref>{{Google books |id=XE97ryf8noAC |page=25 |title=Recent Social Trends in France, 1960–1990 }}</ref><ref name="European Transformation">{{Google books |id=QeuBc1ryQz8C |title=The European Transformation of Modern Turkey }}</ref><ref>{{cite web |url=http://www.gouvernement.lu/1828371/Gouvernements_depuis_1848-version_2011.pdf |title=Archived copy |access-date=28 December 2015 |archive-url=https://web.archive.org/web/20160303182824/http://www.gouvernement.lu/1828371/Gouvernements_depuis_1848-version_2011.pdf |archive-date=3 March 2016 |url-status=dead }}</ref><ref>{{cite web|url=http://www.publico.pt/destaque/jornal/aborto-nao-deve-ser-uma-prioridade-da-investigacao-criminal-209113|title=Aborto não deve ser uma prioridade da investigação criminal|author=Mariana Oliveira|work=PÚBLICO|date=18 December 2003 |access-date=29 July 2014|archive-date=20 August 2016|archive-url=https://web.archive.org/web/20160820221224/http://www.publico.pt/destaque/jornal/aborto-nao-deve-ser-uma-prioridade-da-investigacao-criminal-209113|url-status=live}}</ref><ref>{{cite web |url=http://www.sirc.org/publik/motherhood_in_Spain.pdf |title=Archived copy |access-date=28 July 2014 |archive-date=29 July 2014 |archive-url=https://web.archive.org/web/20140729043534/http://www.sirc.org/publik/motherhood_in_Spain.pdf |url-status=live }}</ref><ref>{{cite web|url=http://www.hls-dhs-dss.ch/textes/d/D16108.php|title=Ehebruch|author=Anne-Lise Head-König / AL|work=hls-dhs-dss.ch|access-date=28 July 2014|archive-date=10 April 2014|archive-url=https://web.archive.org/web/20140410155830/http://www.hls-dhs-dss.ch/textes/d/D16108.php|url-status=live}}</ref><ref>{{cite web|url=http://www.independent.com.mt/articles/2014-04-15/news/decriminalisation-of-certain-drugs-on-governments-list-muscat-4640899072/|title=Next challenge is decriminalisation of drugs, PM maintains - The Malta Independent|work=independent.com.mt|access-date=28 July 2014|archive-date=5 June 2014|archive-url=https://web.archive.org/web/20140605151600/http://www.independent.com.mt/articles/2014-04-15/news/decriminalisation-of-certain-drugs-on-governments-list-muscat-4640899072|url-status=live}}</ref>

In Romania adultery was a crime until 2006,<ref>{{cite web|url=http://www.impowr.org/content/summary-adultery-romania|title=Summary: Adultery in Romania|work=impowr.org|access-date=13 December 2018|archive-url=https://web.archive.org/web/20180709094536/https://www.impowr.org/content/summary-adultery-romania|archive-date=9 July 2018|url-status=dead}}</ref> though the crime of adultery had a narrow definition, excluding situations where the other spouse encouraged the act or when the act happened at a time the couple was living separate and apart;<ref>{{cite web|url=http://legeaz.net/dictionar-juridic/adulter|title=Adulter|work=legeaz.net|access-date=13 August 2015|archive-date=11 September 2015|archive-url=https://web.archive.org/web/20150911015730/http://legeaz.net/dictionar-juridic/adulter|url-status=live}}</ref> and in practice prosecutions were extremely rare.<ref>{{cite web | url=http://www.9am.ro/stiri-revista-presei/Social/1962/Dupa-20-de-ani-adulterul-dispare-din-Codul-penal.html | title=Dupa 20 de ani, adulterul dispare din Codul penal | access-date=23 May 2015 | archive-date=14 July 2015 | archive-url=https://web.archive.org/web/20150714033955/http://www.9am.ro/stiri-revista-presei/Social/1962/Dupa-20-de-ani-adulterul-dispare-din-Codul-penal.html | url-status=live }}</ref>

In [[Place:Turkey|Turkey]], adultery laws were held to be invalid in 1996/1998 because the law was deemed discriminatory as it differentiated between women and men. In 2004, there were proposals to introduce a gender-neutral adultery law. The plans were dropped, and it has been suggested that the objections from the European Union played a role.<ref name="European Transformation"/><ref>{{cite news | url=http://news.bbc.co.uk/2/hi/europe/3654650.stm | work=BBC News | title=Turkey signals U-turn on adultery | date=14 September 2004 | access-date=19 February 2014 | archive-date=25 December 2013 | archive-url=https://web.archive.org/web/20131225081314/http://news.bbc.co.uk/2/hi/europe/3654650.stm | url-status=live }}</ref><ref>{{Google books |id=pnGwP9-FhxYC |title=Deconstructing Sexuality in the Middle East: Challenges and Discourses }}</ref>

Before the 20th century, adultery was often punished harshly. In Scandinavia, in the 17th century, adultery and bigamy were subject to the death penalty, although few people were actually executed.<ref>{{Google books |id=Ad0_J6T-YDQC |title=A Lutheran Plague: Murdering to Die in the Eighteenth Century }}</ref> Examples of women who have been executed for adultery in Medieval and Early Modern Europe include Maria of Brabant, Duchess of Bavaria (in 1256), Agnese Visconti (in 1391), Beatrice Lascaris di Tenda (in 1418), Anne Boleyn (in 1536), and Catherine Howard (in 1542). The enforcement of adultery laws varied by jurisdiction. In England, the last execution for adultery is believed to have taken place in 1654, when a woman named Susan Bounty was hanged.<ref>{{cite web|url=http://www.ox.ac.uk/media/arts_at_oxford/121602_1.html |title=Before 'Page Three' - University of Oxford |access-date=5 June 2014 |url-status=dead |archive-url=https://web.archive.org/web/20140411072534/http://www.ox.ac.uk/media/arts_at_oxford/121602_1.html |archive-date=11 April 2014 }}</ref>

The European Court of Human Rights (ECHR) has had the opportunity to rule in recent years on several cases involving the legitimacy of firing a person from their job due to adultery. These cases dealt with people working for religious organizations and raised the question of the balancing of the right of a person to respect for their private life (recognized in the EU) and the right of religious communities to be protected against undue interference by the State (recognized also in the EU). These situations must be analyzed with regard to their specific circumstances, in each case. The ECtHR had ruled both in favor of the religious organization (in the case of Obst) and in favor of the fired person (in the case of Schüth).<ref>{{cite web|url=http://hudoc.echr.coe.int/sites/eng-press/pages/search.aspx?i=003-3272505-3650095#{%22itemid%22:[%22003-3272505-3650095%22]}|title=HUDOC - European Court of Human Rights|work=coe.int}}</ref>

==Latin America==
Until the 1990s, most Latin American countries had laws against adultery. Adultery has been decriminalized in most of these countries, including Paraguay (1990),<ref>{{cite web|url=http://www.ultimahora.com/nuevo-codigo-elimino-delitos-machistas-y-discriminatorios-n212137.html|title=Nuevo Código eliminó delitos machistas y discriminatorios|work=ultimahora|date=12 April 2009 |access-date=21 October 2014|archive-date=21 October 2014|archive-url=https://web.archive.org/web/20141021234631/http://www.ultimahora.com/nuevo-codigo-elimino-delitos-machistas-y-discriminatorios-n212137.html|url-status=live}}</ref> {{wipe|Chile}} (1994),<ref>''Women and Democracy: Latin America and Central and Eastern Europe'', edited by Jane S. Jaquette, Sharon L. Wolchik, p. 62.</ref> {{wipe|Argentina}} (1995),<ref name="impowr.org">{{cite web |url=http://www.impowr.org/content/current-legal-framework-adultery-argentina |title=Current Legal Framework: Adultery in Argentina |publisher=impowr.org |access-date=26 February 2015 |archive-url=https://web.archive.org/web/20150307232411/http://www.impowr.org/content/current-legal-framework-adultery-argentina |archive-date=7 March 2015 |url-status=dead }}</ref> Nicaragua (1996),<ref>{{cite web|url=http://www.gentediversa.org.mx/listado-de-noticias/157-leyes-de-violencia|title=Leyes de Violencia|author=redaccion|work=Gente Diversa de Baja California|access-date=21 October 2014|archive-url=https://web.archive.org/web/20160303220524/http://www.gentediversa.org.mx/listado-de-noticias/157-leyes-de-violencia|archive-date=3 March 2016|url-status=dead}}</ref> Dominican Republic (1997),<ref>{{cite web|url=http://fc-abogados.com/es/el-divorcio-en-la-republica-dominicana/|title=Divorcio Rep. Dominicana - Carlos Felipe Law Firm|work=fc-abogados.com|access-date=21 October 2014|archive-date=20 September 2020|archive-url=https://web.archive.org/web/20200920201930/https://fc-abogados.com/es/el-divorcio-en-la-republica-dominicana-cuando-divorciarme-como-me-divorcio-causas-de-divorcios-que-hacer-para-no-dejarme-enganar-de-mi-pareja/|url-status=live}}</ref> {{wipe|Brazil}} (2005),<ref name="iwraw-ap.org">{{cite web|url=http://www.iwraw-ap.org/resources/pdf/BRAZIL_SHADOWREPORT_CEDAW_June,18%5B1%5D.pdf |title=BRAZIL AND COMPLIANCE WITH CEDAW |date=1 February 2014 |archive-url=https://web.archive.org/web/20140201225023/http://www.iwraw-ap.org/resources/pdf/BRAZIL_SHADOWREPORT_CEDAW_June%2C18%5B1%5D.pdf |archive-date=1 February 2014 |url-status=dead }}</ref> and Haiti (2005).<ref>{{cite web|url=http://www.impowr.org/content/current-legal-framework-adultery-haiti|title=Current Legal Framework: Adultery in Haiti|work=impowr.org|access-date=13 December 2018|archive-url=https://web.archive.org/web/20170716201741/http://www.impowr.org/content/current-legal-framework-adultery-haiti|archive-date=16 July 2017|url-status=dead}}</ref> In some countries, adultery laws have been struck down by courts on the ground that they discriminated against women, such as Guatemala (1996), where the Guatemalan Constitutional Court struck down the adultery law based both on the Constitution's [[Social:Gender equality|gender equality]] clause and on human rights treaties including CEDAW;<ref name="ohchr.org"/> and Venezuela in 2016.<ref>[http://historico.tsj.gob.ve/decisiones/scon/agosto/190187-738-11816-2016-15-0424.HTML Decisiones] historico.tsj.gob.ve (in Spanish) Retrieved 31 March 2023</ref> The adultery law of the Federal Criminal Code of Mexico was repealed in 2011.<ref>{{cite web|url=http://www.eluniversal.com.mx/notas/754179.html|title=El Universal - - Adulterio ya no ser delito|date=18 June 2013|work=eluniversal.com.mx|access-date=21 October 2014|archive-date=21 October 2014|archive-url=https://web.archive.org/web/20141021095654/http://www.eluniversal.com.mx/notas/754179.html|url-status=live}}</ref><ref>{{cite web|url=http://info4.juridicas.unam.mx/ijure/fed/8/344.htm?s%3D |title=Artículo 276 bis - CODIGO PENAL FEDERAL |access-date=21 October 2014 |url-status=dead |archive-url=https://web.archive.org/web/20131203221933/http://info4.juridicas.unam.mx/ijure/fed/8/344.htm?s= |archive-date=3 December 2013 }}</ref>

==Australia==
Adultery is not a crime in Australia. Under federal law enacted in 1994, sexual conduct between consenting adults (18 years of age or older) is their private matter throughout Australia,<ref name="act1994">{{cite web |title=''Human Rights (Sexual Conduct) Act'' 1994 |publisher=Commonwealth Consolidated Acts |url=http://www.austlii.edu.au/au/legis/cth/consol_act/hrca1994297/s4.html |access-date=9 November 2012 |archive-date=17 October 2015 |archive-url=https://web.archive.org/web/20151017155025/http://www.austlii.edu.au/au/legis/cth/consol_act/hrca1994297/s4.html |url-status=live }}</ref> irrespective of marital status. Australian states and territories had previously repealed their respective adultery criminal laws. Australia changed to [[Social:No-fault divorce|no-fault divorce]] in 1975, abolishing adultery as a ground for divorce.

==Canada==
Adultery is not a crime in Canada. It has never been defined as a criminal offence within the ''Criminal Code'', which was enacted in 1892, nor is it considered an offence at common law.<ref>''R. v. Strong'' (1915), 43 N.B.R. 190, 24 C.C.C. 430, 26 D.L.R. 122, 13 Can. Abr. 16 (C.A.), per White, J.).</ref>

==United States==
[[File:Adultery Laws in the United States.svg|400px|thumb|'''Legality and decriminalization of adultery in the United States'''
{{legend|#252525|Adultery is a ''felony''}}
{{legend|#525252|Adultery is a ''misdemeanor''}}
<hr/>
{{legend|#006d2c|Adultery decriminalized between 2010 and the present}}
{{legend|#41ab5d|Adultery decriminalized between 1990 and 2010}}
{{legend|#a1d99b|Adultery decriminalized before 1990}}
<hr/>
{{legend|#bdbdbd|Adultery never criminalized, or unknown date of decriminalization}}]]

The United States is one of few industrialized countries to have laws criminalizing adultery.<ref>Bronner, Ethan. "[https://www.nytimes.com/2012/11/15/us/adultery-an-ancient-crime-still-on-many-books.html?_r=0 Adultery, an Ancient Crime That Remains on Many Books] {{Webarchive|url=https://web.archive.org/web/20170503222839/http://www.nytimes.com/2012/11/15/us/adultery-an-ancient-crime-still-on-many-books.html?_r=0 |date=3 May 2017 }}." ''{{wipe|The New York Times}}''. 15 November 2012. p. A12. Retrieved on 4 January 2015. "This is yet another example of American exceptionalism: in nearly the entire rest of the industrialized world, adultery is not covered by the criminal code. "</ref> In the United States, laws vary from state to state. Until the mid-20th century, most U.S. states (especially Southern and Northeastern states) had laws against fornication, adultery or [[Social:Cohabitation|cohabitation]]. These laws have gradually been abolished or struck down by courts as unconstitutional.<ref>{{cite news |url=https://www.cbsnews.com/2100-201_162-2007258.html |title=N.C. Cohabitation Law Struck Down |work=CBS News |date=11 February 2009 |access-date=28 September 2013 |archive-date=2 October 2013 |archive-url=https://web.archive.org/web/20131002081733/http://www.cbsnews.com/2100-201_162-2007258.html |url-status=live }}</ref><ref>{{cite news|author=Joanna Grossman |url=http://articles.cnn.com/2005-01-25/justice/grossman.oldlaws_1_criminal-ban-fornication-virginia-court?_s=PM:LAW |title=CNN.com - Virginia strikes down state fornication law - Jan 25, 2005 |publisher=Articles.cnn.com |date=25 January 2005 |access-date=28 September 2013 |url-status=dead |archive-url=https://web.archive.org/web/20121210230745/http://articles.cnn.com/2005-01-25/justice/grossman.oldlaws_1_criminal-ban-fornication-virginia-court?_s=PM%3ALAW |archive-date=10 December 2012 }}</ref><ref>{{cite web |last=Michael |first=Jenny |url=http://bismarcktribune.com/news/local/judge-rules-state-adultery-law-unconstitutional/article_7aab8dd6-5cf4-5f08-b1cf-e5d9faa9857b.html |title=Judge rules state adultery law unconstitutional |publisher=Bismarcktribune.com |date=28 February 2005 |access-date=28 September 2013 |archive-date=26 May 2016 |archive-url=https://web.archive.org/web/20160526133611/http://bismarcktribune.com/news/local/judge-rules-state-adultery-law-unconstitutional/article_7aab8dd6-5cf4-5f08-b1cf-e5d9faa9857b.html |url-status=live }}</ref>

State criminal laws against adultery are rarely enforced. Federal appeals courts have ruled inconsistently as to whether these laws are unconstitutional (especially after the 2003 Supreme Court decision ''Lawrence v. Texas'') and as of 2019 the Supreme Court has not ruled directly on the issue.<ref>{{cite web |url=https://reason.com/2018/02/12/ninth-circuit-adultery-is-constitutional/ |title=Ninth Circuit: Adultery Is Constitutionally Protected |date=12 February 2018 |access-date=24 January 2020 |archive-date=24 January 2020 |archive-url=https://web.archive.org/web/20200124224238/https://reason.com/2018/02/12/ninth-circuit-adultery-is-constitutional/ |url-status=live }}</ref><ref>{{cite web |url=https://www.salon.com/2019/05/06/adultery-and-fornication-why-are-states-rushing-to-get-these-outdated-laws-off-the-books/ |title=Adultery and fornication: Why are states rushing to get these outdated laws off the books? |date=6 May 2019 |access-date=24 January 2020 |archive-date=25 January 2020 |archive-url=https://web.archive.org/web/20200125050814/https://www.salon.com/2019/05/06/adultery-and-fornication-why-are-states-rushing-to-get-these-outdated-laws-off-the-books/ |url-status=live }}</ref>

As of 1 December 2023, adultery is a criminal offense (technically, not necessarily in practice) in 17 states and the Commonwealth of Puerto Rico but prosecutions are rare.<ref name=nh>{{cite news | url=https://www.usatoday.com/story/news/nation-now/2014/04/17/anti-adultery-laws-new-hampshire/7780563/ | work=USA Today | first1=Jolie | last1=Lee | title=New Hampshire Senate votes to repeal anti-adultery law | date=17 April 2014 | access-date=23 August 2017 | archive-date=2 September 2017 | archive-url=https://web.archive.org/web/20170902231409/https://www.usatoday.com/story/news/nation-now/2014/04/17/anti-adultery-laws-new-hampshire/7780563/ | url-status=live }}</ref><ref>{{cite web|url=https://www.latimes.com/opinion/op-ed/la-oe-rhode-decriminalize-adultery-20160429-story.html|title=Why is adultery still a crime?|first=Deborah L.|last=Rhode|website={{wipe|Los Angeles Times}}|date=2 May 2016|access-date=16 April 2020|archive-date=15 May 2020|archive-url=https://web.archive.org/web/20200515212054/https://www.latimes.com/opinion/op-ed/la-oe-rhode-decriminalize-adultery-20160429-story.html|url-status=live}}</ref> Pennsylvania abolished its fornication and adultery laws in 1973.<ref>{{cite book|url={{Google books |plainurl=yes |id=6SpJJmkNDFEC |page=390 }} |title=Pennsylvania Politics Today and Yesterday: The Tolerable Accommodation |author=Paul B. Beers |access-date=28 September 2013}}</ref> States which have decriminalised adultery in recent years include West Virginia (2010),<ref>{{cite web|url=http://www.legis.state.wv.us/bill_status/bills_history.cfm?year=2010&sessiontype=RS&input=457|title=Bill Status - Complete Bill History|work=state.wv.us|access-date=17 April 2014|archive-date=19 April 2014|archive-url=https://web.archive.org/web/20140419015152/http://www.legis.state.wv.us/bill_status/bills_history.cfm?year=2010&sessiontype=RS&input=457|url-status=live}}</ref> Colorado (2013),<ref>{{cite news |agency=Associated Press |url=http://www.denverpost.com/breakingnews/ci_22850726/bill-repeal-colo-adultery-law-signed |title=Bill to repeal of Colorado adultery law signed |newspaper=The Denver Post |date=22 March 2013 |access-date=28 September 2013 |archive-date=24 March 2013 |archive-url=https://web.archive.org/web/20130324011102/http://www.denverpost.com/breakingnews/ci_22850726/bill-repeal-colo-adultery-law-signed |url-status=live }}</ref> New Hampshire (2014),<ref name=nh/><ref>{{cite web|url=http://legiscan.com/NH/text/HB1125/id/902575|title=Bill Text: NH HB1125 - 2014 - Regular Session - Introduced|work=LegiScan|access-date=10 October 2014|archive-date=16 October 2014|archive-url=https://web.archive.org/web/20141016234718/http://legiscan.com/NH/text/HB1125/id/902575|url-status=live}}</ref> {{wipe|Massachusetts}} (2018),<ref name="abcnews.go.com">{{cite web|url=https://abcnews.go.com/US/wireStory/massachusetts-1st-repeal-long-dormant-ban-abortion-56868810|title=U.S. News - National News|website=ABC News|access-date=29 July 2018|archive-url=https://web.archive.org/web/20180729034211/https://abcnews.go.com/US/wireStory/massachusetts-1st-repeal-long-dormant-ban-abortion-56868810|archive-date=29 July 2018|url-status=dead}}</ref> Utah (2019),<ref>{{cite web|url=https://fox13now.com/2019/03/25/adultery-and-sodomy-among-consenting-adults-are-no-longer-illegal-in-utah/|title=Adultery and sodomy among consenting adults are no longer illegal in Utah|date=26 March 2019|access-date=5 June 2019|archive-date=30 March 2019|archive-url=https://web.archive.org/web/20190330075503/https://fox13now.com/2019/03/25/adultery-and-sodomy-among-consenting-adults-are-no-longer-illegal-in-utah/|url-status=live}}</ref> Idaho (2022),<ref>{{Cite web | url=https://legiscan.com/ID/bill/S1325/2022 | title=Idaho S1325 &#124; 2022 &#124; Regular Session }}</ref> and Minnesota (2023).<ref>{{cite web | url=https://legiscan.com/MN/bill/SF2909/2023 | title=Minnesota SF2909 &#124; 2023-2024 &#124; 93rd Legislature }}</ref> The [[Place:Washington, D.C.|District of Columbia]] repealed its adultery law in 2003.<ref>{{cite news|last=Kelly|first=John F.|date=December 1, 2003|title=Va. Adultery Case Roils Divorce Industry|newspaper=The Washington Post|url=https://www.washingtonpost.com/archive/local/2003/12/01/va-adultery-case-roils-divorce-industry/84ff5ce8-f69b-410e-9a2f-d1bae148993a/|access-date=December 21, 2022}}</ref><ref>{{cite news|last=Mundy|first=Liza|date=February 22, 1998|title=Actually, It Is a Crime|newspaper=The Washington Post|url=https://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/mundy022298.htm|access-date=December 21, 2022}}</ref> When passing the District of Columbia Organic Act of 1801, the 6th United States Congress extended all of the criminal laws of Maryland and Virginia to the respective territory within the District that each state had ceded to the federal government under Article I, Section VIII,<ref>{{cite web|url=http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=002/llsl002.db&recNum=140 |title=Statutes at Large, 6th Congress, 2nd Session |access-date=2008-07-10 |work=A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875 |publisher=Library of Congress }}</ref> and adultery had been an indictable offense in Maryland since the passage of a provincial law in 1715.<ref>{{ussc|name=Pollard v. Lyon|volume=91|page=225|year=1875}}</ref>

The last conviction for adultery in Massachusetts was in 1983 and held that the statute was constitutional and that "no fundamental personal privacy right implicit in the concept of ordered liberty guaranteed by the United States Constitution bars the criminal prosecution of such persons [adulterers]."<ref>{{cite web |url=http://masscases.com/cases/sjc/389/389mass171.html |title=STOWELL, COMMONWEALTH vs., 389 Mass. 171 |publisher=Masscases.com |access-date=28 September 2013 |archive-date=9 September 2013 |archive-url=https://web.archive.org/web/20130909213635/http://masscases.com/cases/sjc/389/389mass171.html |url-status=live }}</ref>

Although adultery laws are mostly found in the conservative states (especially Southern states), there are some notable exceptions such as New York.

In general, 3 US states criminalize it as a felony (Oklahoma, Michigan, and Wisconsin) and 14 states along with Puerto Rico criminalize it as a [[Social:Misdemeanor|misdemeanor]]. Punishments range from as little as a $10 fine in Maryland (despite being technically a criminal offense, not a civil one) to a fine of up to $10,000 and jail time of up to 3.5 years in Wisconsin and a fine of up to $5,000 and jail time of up to 5 years in Michigan.

Below is the list of the statutes:

*Alabama (Alabama Revised Statutes, § 13a-13-2)
*Arizona (Arizona Revised Statutes, § 13–1408)
*Florida (Florida Statutes, § 798.01)
*Georgia (Official Code of Georgia Annotated, § 16–6–19)
*Illinois (Illinois Compiled Statutes, § 720-5-11/35)
*{{wipe|Kansas}} (Kansas Statutes Annotated, § 21–5511)
*Maryland (Annotated Code of Maryland, § 10–5–501)
*Michigan (Michigan Compiled Laws, §§ 750.29-32)
*Mississippi (Unannotated Mississippi Code, § 97–29–1)
*New York (Consolidated Laws of New York, § 255.17)
*North Carolina (North Carolina General Statutes, § 14–26–184)
*North Dakota (North Dakota Century Code, § 12.1-20-09)
*Oklahoma (Oklahoma Statutes Annotated, §§ 21–871–872)
*Rhode Island (Rhode Island General Laws, § 11–6–2)
*South Carolina (South Carolina Code of Laws, §§ 16-15-60-16-15-80)
*Virginia (Virginia Code Annotated, § 18–2–365)
*Wisconsin (Wisconsin Statutes, § 944.16)
*Puerto Rico (Puerto Rico Laws, § 33–4758)

2 of these statutes (of Mississippi and North Carolina) refer to fornication as well and thus also by definition ban any extramarital sex altogether.

1 of these statutes (of Michigan) considers cohabitation between ex-spouses after their divorce as falling under the crime of adultery.

Below is the list of the specific anti-fornication statutes (in states where there's an offense of fornication and where it's a separate offence):

*Georgia (Official Code of Georgia Annotated, § 16–6–8)
*Illinois (Illinois Compiled Statutes, § 720-5/11-40)
*North Dakota (North Dakota Century Code, § 12.1-20-08)  (note: even though the crime is called "fornication", it only refers to having sex with minors or having sex in public. It doesn't target private consensual sex between adults, so in practice this law is irrelevant; it's only listed here for the sake of completeness because the crime is called "fornication" under the North Dakotan law)

Below is the list of the specific anti-cohabitation statutes (in states where there's an offense of cohabitation and where it's a separate offence):

*{{wipe|Massachusetts}} (Massachusetts General Laws, § 208–40) (note: criminalizes cohabitation between 2 ex-spouses after divorce as adultery. But since the Massachusettsan criminal anti-adultery statute was repealed in 2018 and there's no punishment for it anymore, in practice this law is an irrelevant legislative remnant with no function)
*Oklahoma (Oklahoma Statutes Annotated, § 43–123) (criminalizes cohabitation between 2 ex-spouses after divorce as adultery)
*Mississippi (Unannotated Mississippi Code, § 93–5–29) (criminalizes cohabitation between 2 ex-spouses after divorce as adultery)

In the U.S. military, adultery is a potential court-martial offense, falling under the General article (Art. 134).<ref>{{cite web|url=https://www.law.cornell.edu/uscode/text/10/934 |title=10 U.S. Code § 934 - Art. 134. General article &#124; U.S. Code &#124; US Law &#124; LII / Legal Information Institute |publisher=Law.cornell.edu |date= |accessdate=2022-05-09}}</ref> The Manual for Courts-Martial defines (para. 99) "Extramarital sexual conduct" as being:
''"Elements.(1) That  the  accused  wrongfully  engaged  in extramarital  conduct  as  described  in  subparagraph  c.(2) with a certain person; (2) That, at the time, the accused knew that the accused or the other person was married to someone else; and (3) That, under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in  the armed forces and of a nature to bring discredit upon the armed forces"''.<ref>{{cite web|url=https://jsc.defense.gov/Portals/99/Documents/2019%20MCM%20(Final)%20(20190108).pdf?ver=2019-01-11-115724-610 |title=Manual for courts-martial. United States|website=jsc.defense.gov|access-date=31 March 2023|date=8 January 2019}}</ref> As such, extramarital sex is not  automatically an offense, it must be conducted under such circumstances that it is prejudicial to the armed forces. The law on adultery was revised in 2019 in order to include same-sex encounters in the offense.<ref>{{cite web|url=https://www.militarytimes.com/news/your-army/2019/01/15/heres-what-you-need-to-know-about-the-biggest-update-to-ucmj-in-decades/ |title=Here's what you need to know about the biggest update to UCMJ in decades |publisher=Militarytimes.com |date= 15 January 2019|access-date=2022-05-09}}</ref>

The enforceability of adultery laws in the United States is unclear following Supreme Court decisions since 1965 relating to privacy and sexual intimacy of consenting adults.<ref>''See, e.g., Lawrence v. Texas''.</ref> However, occasional prosecutions do occur.<ref>Jonathan Turley, [https://www.washingtonpost.com/wp-dyn/articles/A62581-2004Sep4.html Of Lust and the Law] {{Webarchive|url=https://web.archive.org/web/20170129142227/http://www.washingtonpost.com/wp-dyn/articles/A62581-2004Sep4.html |date=29 January 2017 }}, ''The Washington Post'', 5 September 2004, p. B1.</ref>

Six U.S. states (Hawaii, North Carolina, Mississippi, New Mexico, South Dakota, and Utah) allow the possibility of the tort action of [[Social:Alienation of affections|alienation of affections]] (brought by a deserted spouse against a third party alleged to be responsible for the failure of the marriage).<ref name="edition.cnn.com">{{cite web |author=Wayne Drash |url=http://edition.cnn.com/2009/LIVING/12/08/cheating.spouses.lawsuits/ |title=Beware cheaters: Your lover's spouse can sue you - CNN.com |publisher=Edition.cnn.com |date=8 December 2009 |access-date=26 February 2015 |archive-date=27 February 2015 |archive-url=https://web.archive.org/web/20150227004813/http://edition.cnn.com/2009/LIVING/12/08/cheating.spouses.lawsuits/ |url-status=live }}</ref><ref name="ilga.gov">{{cite web|url=http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2019&ChapterID=57|title=740 ILCS 5/ Alienation of Affections Abolition Act.|website=www.ilga.gov|access-date=17 February 2016|archive-date=1 July 2017|archive-url=https://web.archive.org/web/20170701095844/http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2019&ChapterID=57|url-status=live}}</ref> In a highly publicized case in 2010, a woman in North Carolina won a $9 million suit against her husband's mistress.<ref>{{cite web|url=https://abcnews.go.com/Business/TheLaw/wife-wins-million-husbands-alleged-mistress/story?id=10151957|title=Wife Wins $9 Million From Husband's Alleged Mistress|author=ABC News|work=ABC News|date=23 March 2010|access-date=16 April 2020|archive-date=11 January 2020|archive-url=https://web.archive.org/web/20200111173117/https://abcnews.go.com/Business/TheLaw/wife-wins-million-husbands-alleged-mistress/story?id=10151957|url-status=live}}</ref><ref>{{cite web|url=http://www.upi.com/Top_News/US/2010/03/22/Woman-wins-alienation-of-affection-case/UPI-83231269299182/|title=Woman wins 'alienation of affection' case|publisher=UPI|access-date=8 May 2014|archive-date=8 May 2014|archive-url=https://web.archive.org/web/20140508095006/http://www.upi.com/Top_News/US/2010/03/22/Woman-wins-alienation-of-affection-case/UPI-83231269299182/|url-status=live}}</ref>

Laws against adultery in colonial America were very harsh. Despite this, there is only one known execution for adultery in American history: it occurred in the Colony of Massachusetts in 1643, when the married 18 year old Mary Latham<ref>{{cite web|url=http://www.eyewitnesstohistory.com/adultery.htm |title=The Price of Adultery in Puritan Massachusetts, 1641 |publisher=Eyewitnesstohistory.com |date= |accessdate=2022-05-09}}</ref> and her extramarital lover James Britton were executed.<ref>{{cite web | url=https://www.newenglandhistoricalsociety.com/mary-latham-marries-and-older-man-and-regrets-it/ | title=Mary Latham Marries an Older Man – and Regrets It | date=16 March 2015 }}</ref><ref>{{cite web|url=https://www.capitalpunishmentuk.org/amfemhang.html |title=The American female hanged 1608 - 1937 |publisher=Capitalpunishmentuk.org |date= |accessdate=2022-05-09}}</ref>

==Criticism of adultery laws==

=== Political arguments ===
Laws against adultery have been named as invasive and incompatible with principles of [[Philosophy:Limited government|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 [[Philosophy:Libertarianism|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 [[Philosophy:Secular state|secular state]].

<blockquote>
Opponents of adultery laws regard them as painfully archaic, believing they represent sanctions reminiscent of nineteenth-century novels. They further object to the legislation of morality, especially a morality so steeped in religious doctrine. Support for the preservation of the adultery laws comes from religious groups and from political parties who feel quite independent of morality, that the government has reason to concern itself with the consensual sexual activity of its citizens … The crucial question is: when, if ever, is the government justified to interfere in consensual bedroom affairs?<ref>Weissler, Benjamin. "[http://yulr.org/government-and-the-bedroom/ Government and the Bedroom] {{Webarchive|url=https://web.archive.org/web/20160304170411/http://yulr.org/government-and-the-bedroom |date=2016-03-04 }}." July 13, 2012. ''Yale Undergraduate Law Review''.</ref>
</blockquote>

There is a history of adultery laws being abused. In Somerset, England, a somewhat common practice was for husbands to encourage their wives to seduce another man, who they would then [[Social:Lawsuit|sue]] or blackmail, under laws (for examples see Criminal conversation) prohibiting men from having sex with women married to other men.<ref>Ley, David. "[http://www.psychologytoday.com/blog/women-who-stray/201006/kinky-cuckolding-fetish-goes-mainstream Kinky Cuckolding Fetish Goes Mainstream] {{Webarchive|url=https://wayback.archive-it.org/all/20190322123915/https://www.psychologytoday.com/us/blog/women-who-stray/201006/kinky-cuckolding-fetish-goes-mainstream |date=22 March 2019 }}". ''Psychology Today''. 24 June 2010.</ref>

=== Discrimination against women ===

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 [[Medicine:Hanging|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.<ref name="ohchr.org">{{cite web|url=http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12672& |title=Statement by the United Nations Working Group on discrimination against women in law and in practice |work=ohchr.org |url-status=dead |archive-url=https://web.archive.org/web/20150306103836/http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12672& |archive-date=6 March 2015 }}</ref><ref name="endvawnow.org">{{cite web|url=http://www.endvawnow.org/en/articles/738-decriminalization-of-adultery-and-defenses.html|title=Decriminalization of adultery and defenses|work=endvawnow.org|access-date=31 March 2014|archive-date=10 April 2014|archive-url=https://web.archive.org/web/20140410201544/http://www.endvawnow.org/en/articles/738-decriminalization-of-adultery-and-defenses.html|url-status=live}}</ref> UN Women has called for the decriminalization of adultery.<ref name="endvawnow.org"/> A Joint Statement by the United Nations Working Group on discrimination against women in law and in practice in 2012, stated:<ref name="ohchr.org"/>

<blockquote>The United Nations Working Group on discrimination against women in law and in practice is deeply concerned at the criminalization and penalization of adultery whose enforcement leads to discrimination and [[Social:Violence against women|violence against women]].</blockquote>

Concerns exist that the existence of "adultery" as a criminal offense (and even in family law) can affect the criminal justice process in cases of domestic assaults and killings, in particular by mitigating [[Social:Murder|murder]] to manslaughter,<ref>With regard to the situation in the United States: "Moreover, setting to one side criminal prosecutions for adultery, there are numerous other ways in which the law deems adulterous conduct to be legally relevant. (...) Furthermore, a recognized "heat of passion" defense to a charge of murdering one’s spouse or paramour—which will typically reduce the crime to voluntary manslaughter—is either finding them in the act of adultery, recently being informed of their act of adultery, or in some jurisdictions, having reason to believe that they committed adultery."</ref> or otherwise proving for partial or complete defenses in case of violence. These concerns have been officially raised by the Council of Europe and the UN in recent years. The [https://wcd.coe.int/ViewDoc.jsp?id=280915&Site=CM&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383 Council of Europe Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence] states that member states should: (...) "57. preclude adultery as an excuse for violence within the family".<ref>{{cite web|url=https://wcd.coe.int/ViewDoc.jsp?id=280915&Site=CM&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383|title=Committee of Ministers - on the protection of women against violence|author=((Council of Europe, Committee of Ministers, Plenary))|work=coe.int|access-date=19 January 2015|archive-date=4 March 2016|archive-url=https://web.archive.org/web/20160304052933/https://wcd.coe.int/ViewDoc.jsp?id=280915&Site=CM&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383|url-status=live}}</ref> UN Women has also stated in regard to the defense of provocation and other similar defenses that "laws should clearly state that these defenses do not include or apply to crimes of 'honour', adultery, or domestic assault or murder."<ref>{{cite web|url=http://www.endvawnow.org/en/articles/738-decriminalization-of-adultery-and-defenses.html%29|title=Decriminalization of adultery and defenses|publisher=endvawnow.org|access-date=19 January 2015|archive-date=8 January 2016|archive-url=https://web.archive.org/web/20160108112544/http://www.endvawnow.org/en/articles/738-decriminalization-of-adultery-and-defenses.html%29|url-status=live}}</ref>

=== Use of limited resources ===
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.<ref>''Suffolk law review, The Validity of Criminal Adultery Prohibitions After Lawrence v. Texas''; pg. 859 "Lack of enforcement suggests the prevailing view that police resources are better spent elsewhere."[http://suffolklawreview.org/wp-content/uploads/2006/04/Viator_Note_Final.pdf] {{Webarchive|url=https://web.archive.org/web/20140418220808/http://suffolklawreview.org/wp-content/uploads/2006/04/Viator_Note_Final.pdf|date=18 April 2014}}</ref>

=== Consent as the basis of sexual offenses legislation ===
Human rights organizations have stated that legislation on sexual crimes must be based on [[Philosophy:Consent|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".<ref>{{cite web|url=https://www.amnesty.org/en/for-media/press-releases/afghanistan-reject-stoning-flogging-amputation-and-other-taliban-era-punish |title=Amnesty International &#124; Afghanistan: Reject stoning, flogging, amputation and other Taliban-era punishments |access-date=4 December 2016 |url-status=dead |archive-url=https://web.archive.org/web/20140420193225/http://www.amnesty.org/en/for-media/press-releases/afghanistan-reject-stoning-flogging-amputation-and-other-taliban-era-punish |archive-date=20 April 2014 }}</ref> Salil Shetty, Amnesty International's Secretary General, said: "It is unbelievable that in the twenty-first century some countries are condoning [[Social:Child marriage|child marriage]] and [[Social:Marital rape|marital rape]] while others are outlawing abortion, sex outside marriage and same-sex sexual activity{{snd}}even punishable by death."<ref>{{cite web|url=https://www.amnesty.org/en/news/sexual-and-reproductive-rights-under-threat-worldwide-2014-03-06|title=Sexual and reproductive rights under threat worldwide|work=amnesty.org|access-date=8 May 2014|archive-date=6 December 2014|archive-url=https://web.archive.org/web/20141206225115/http://www.amnesty.org/en/news/sexual-and-reproductive-rights-under-threat-worldwide-2014-03-06|url-status=live}}</ref> The ''[https://web.archive.org/web/20140625235455/https://campaigns.amnesty.org/campaigns/my-body-my-rights 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".<ref>{{cite web|url=https://www.amnesty.org/en/library/info/ACT35/001/2014/en|title=Document - Amnesty International - Amnesty International|work=amnesty.org|date=6 March 2014 |access-date=4 December 2016|archive-date=6 November 2014|archive-url=https://web.archive.org/web/20141106033116/http://www.amnesty.org/en/library/info/ACT35/001/2014/en|url-status=live}}</ref>

== References ==
{{reflist}}

[[Category:Family law]]

{{Sourceattribution|Adultery laws}}