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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. In some societies the law punishes the "intruder", rather than the adulterous spouse. 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.
Sometimes such stonings are ordered by informal village leaders who have de facto power in the community. For instance it may constitute fault in countries where the divorce law is fault based or it may be a ground for tort.
Definitions and legal constructs[ edit ] Anne Boleyn was found guilty of adultery and treason and executed in 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.
Polyamorymeaning 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. 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.
Most countries nevertheless have a legal presumption that a woman's husband is the father of her children who were born during that marriage. Another tort, alienation of affectionarises when one spouse deserts Hookup definition other for a third person.
Inthe 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.
For instance art of the Penal Code of South Sudan reads: Where adultery is illegal, the punishment varies from fines for example in the US state of Rhode Island  to caning in parts of Asia.
It is a non-cognizable, non-bailable criminal offence.
A police officer cannot arrest a person without a warrant in a case of adultery as adultery is a non-cognizable offence. 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.
Modern advances such as reliable contraception and paternity testing have changed the situation in Western countries. Swinging and open marriages are both a form of non-monogamyand the spouses would not view the sexual relations as objectionable.
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.
Legal issues regarding paternity[ edit ] Further information: Children born out of adultery suffered, until recently, adverse legal and social consequences.
This became the name of the civil tort arising from adultery, being based upon compensation for the other spouse's injury. InEnglish 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.
InVirginia prosecuted an attorney, John R. Historically, paternity of children born out of adultery has been seen as a major issue.
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.
Public punishment of adulterers in Venice, 17th Exchange student hook up 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.
For instance, in the United Kingdom, adultery is not a criminal offense, but is a ground for divorce with the legal definition of adultery being "physical contact with an alien and unlawful organ". Blanchflowerit was held that female same-sex sexual relations did not constitute sexual intercourse, based on a definition from Webster's Third New International Dictionary ; and thereby an accused wife in a divorce case was found not guilty of 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 case to grant a woman a divorce from her husband Hookup definition had cheated on her with another man, which the judge felt was equal reasoning to dissolve the union.
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