Adultery Across the World

Adultery is a form of extramarital sex or sexual infidelity to a spouse. In some cultures, it is considered a serious offense, a crime even. Its criminal aspect is founded on a violation of a contract which can result to considerable implications regarding support, inheritance as well as spousal and children's rights. In a society where monogamous marriage is the norm, adultery can complicate and disturb the precribed social order.

Punishment for the commission of adultery varies depending on the prevailing laws of the land. Ancient China mandated castration for cheating husbands and sequestration for cheating wives. Islam recommends lashing, stoning and death penalty. Some cultures required cheaters to be banished in separate places.

There are even places where a husband is allowed to kill a cheating wife or mutilate her body to prevent other men from being tempted. Most countries in Europe have decriminalized adultery while most Asian countries still treat it as a crime punishable by imprisonment or death penalty. It is a ground for divorce in fault states in North America and merits court martial under US Military rules and regulations.

Because of the highly personal effect of adultery on a cheated spouse, many cases reach the courts as a crime of passion. Crimes of passion are usually committed upon discovery of cheating specifically when the cheaters are "caught in the act". Not a few cheated spouses have pleaded temporary insanity for the crimes of killing cheating spouses and their lovers. Some countries like France recognize this a valid defense on the ground that a cheated spouse is influenced by such sudden and unexpected rage or heartbreak that he/she loses proper reasoning at that specific point in time. Statistics for crimes of passion indicate higher probability of extreme violence or murder in female adultery cases.

Finding Fault

All 50 states of America now recognize no-fault divorce. California started it in 1970 while other states eventually followed suit. The last of them all finally gave in. New York has recognized this option as of October 2010. Before no-fault divorce was made available, what options were available to those seeking to be free of marriage bonds?

Traditionally, there were certain situations required to exist before a petition for divorce was granted. The so-called grounds for divorce included mental instability, physical inability to engage in sexual intercourse specifically if it was not disclosed before the marriage, homosexuality, desertion, cruelty, and adultery. Referred to as at-fault divorce, the petitioning party is required to provide proof of the partner's fault or evidence that will prove that a specific act/s not compatible to marriage was committed.

In citing adultery as a ground for divorce for example, the petitioning party should be able to show to the courts that the spouse has committed acts of infidelity. No-fault divorce came about when the use of legal fictions to circumvent the statutory requirements of traditional divorce became common practice. Legal fictions in this case are essentially conjured-up stories intended to support a specific ground for divorce. Spouses intent on obtaining divorce usually participate in collusive adultery where they mutually agree that one would "catch" the other committing adultery. The most commonly alleged legal fiction was cruelty because it was apparently the easiest to falsify.

Only 15 states provide solely for the no-fault divorce option. The rest provides for both no-fault and at-fault options. Finding fault therefore may still be critical especially in the aspect of dividing marital property and determining alimony.