Keith Mack
Adultery laws have existed in various forms throughout history, with some societies imposing harsh punishments for those found guilty of extramarital affairs. While the specific creation date of adultery laws is unclear, it is known that these laws have been used to regulate marriage and enforce social norms around sex and, at times, race. In the present day, adultery remains a criminal offense in several parts of the world, including some states in the United States, where it can result in fines or even prison time. However, the enforcement of these laws has become less frequent, and they have faced increasing scrutiny and criticism, particularly regarding their constitutionality and discriminatory nature.
| Characteristics | Values |
|---|---|
| Adultery laws in the U.S. | Adultery laws vary across U.S. states, with some states decriminalising adultery, while others still consider it a crime. |
| Adultery as a crime | Adultery is considered a crime in certain places, such as some U.S. states and countries following Sharia law. |
| Punishment for adultery | Punishments for adultery can vary from fines to imprisonment, and in some cases, stoning or the death penalty. |
| Social and legal significance | Adultery may have social and legal consequences, including in divorce proceedings, child custody, and property disputes. |
| Constitutionality | The constitutionality of adultery laws is debated, with some arguing they violate privacy and human rights. |
| Enforcement | Enforcement of adultery laws has decreased over time, with police and prosecutors rarely enforcing them. |
| Historical context | Adultery laws have a history of being used to enforce social norms and have been influenced by religious and cultural beliefs. |
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What You'll Learn
Adultery laws in the US
Adultery laws refer to legislation concerning extramarital sex. Adultery has historically been considered a serious crime in many cultures, with severe punishments, including capital punishment, mutilation, and torture. While such punishments have largely fallen out of favour, particularly in Western countries since the 19th century, adultery remains a criminal offence in several jurisdictions today.
Historically, the Puritans of New England provide a notable example of strict adultery laws in American history. Under their code, adultery was punishable by execution, alongside blasphemy, sodomy, murder, and witchcraft. The 1648 Massachusetts Code also exhibited gender-based differences in the application of adultery laws, distinguishing between a married man's intercourse with a single woman (defined as fornication) and a married woman's intercourse with another man (deemed a more serious offence).
Today, adultery laws are predominantly found in conservative southern states. While some states have moved towards repealing these laws, as of 2024, three US states—Oklahoma, Michigan, and Wisconsin—classify adultery as a felony, and 13 states, along with Puerto Rico, consider it a misdemeanour. The penalties vary significantly, ranging from a mere $10 fine in Maryland to substantial fines and jail time in other states, such as up to $10,000 and 3.5 years in prison in Wisconsin, and up to $5,000 and five years in Michigan.
The debate surrounding adultery laws in the US is complex and multifaceted. Some argue that adultery laws are discriminatory, particularly against women, and that they should be repealed to protect reproductive rights and individual privacy. On the other hand, states defending these laws often cite goals such as disease prevention, preserving the institution of marriage, and safeguarding community morals.
In recent years, there have been efforts to reform and repeal adultery laws in certain states. For instance, in 2024, New York legislators were considering repealing their 1907 adultery law, which classifies adultery as a Class B misdemeanour punishable by up to 90 days in jail and a $500 fine. Similarly, in 2022, Idaho removed adultery as a crime from its state code, reflecting a broader shift towards decriminalising intimate behaviour between consenting adults.
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Adultery laws in Muslim countries
Adultery is condemned in Islam, as in other monotheistic traditions. In Muslim-majority countries that follow Sharia law, the punishment for adultery may be stoning, which has been carried out in Iran and Somalia in recent times.
In Muslim countries, adultery is known as zina, which can also refer to fornication, prostitution, sodomy, incest, and bestiality. According to traditional jurisprudence, zina must be proved by the testimony of four Muslim eyewitnesses to the act of penetration, a confession repeated four times without subsequent retraction, and evidence that the offenders acted of their own free will. The Quran deals with zina in several places, including Surah an-Nur (the Light), which gives rules for punishment. For example, one verse states that male and female fornicators should receive one hundred lashes. Another states that those who accuse chaste women of adultery without producing four witnesses should receive eighty lashes themselves.
Muslim scholars have historically considered zina a hudud sin, or a crime against God. However, there are differing interpretations of the Quranic text. Pakistani scholar Javed Ahmed Ghamidi interprets a verse in Sura Nisa as referring to premarital sexual relationships, and believes that stoning is not a prescribed punishment for adultery. He considers the Hadiths that support stoning to be dealing with either rape or prostitution.
In some Muslim-majority countries, stoning has been carried out by informal village leaders or as a result of mob violence. While technically illegal, no action is usually taken against perpetrators. In other countries, such as Saudi Arabia, stoning is authorized as a lawful punishment. However, proving adultery under Muslim law can be difficult, and the standards of proof are not as exacting when it comes to social and family consequences.
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Adultery laws in Europe
Adultery laws have a long history in Europe, dating back to the seventh century. The Law of Æthelberht, king of Kent, permitted men to seek compensation or revenge if another man had sex with a woman under their control. This law was similar to the ninth-century Laws of Alfred of Wessex, which allowed a man to attack another man if he was found with his wife, daughter, sister, or mother. After the unification of England in the tenth century, English kings promulgated law codes that began to conceptualize adultery in terms of Christian sin. During the twelfth century, as English common law emerged, the punishment for adultery shifted from secular to ecclesiastical authorities. Although ecclesiastical authorities did not impose death penalties, killing a male adulterer was not outlawed in secular law, allowing for lawful revenge-killings.
In the seventeenth century, adultery was punishable under English secular statute law, specifically the Commonwealth (Adultery) Act of 1650. During this time, adultery and bigamy were punishable by death in Scandinavia, although few people were executed. In England, the last execution for adultery is believed to have taken place in 1654, when a woman named Susan Bounty was hanged. From the early seventeenth century until the Law Reform (Miscellaneous Provisions) Act of 1970, it was possible for a spouse to sue an adulterer for damages on the grounds of loss of consortium in English and Welsh common law of tort. Adultery also played an important role in English divorce law.
The European Court of Human Rights (ECHR) has ruled on cases involving the legitimacy of firing an individual from a religious organization due to adultery, balancing the right to respect for private life and the right of religious communities to be protected from undue state interference. The Council of Europe has also raised concerns about the existence of adultery as a criminal offense, stating that member states should preclude adultery as an excuse for violence within the family.
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Adultery as a criminal offence
Adultery laws have existed in various forms throughout history, and while many countries have decriminalised adultery, it remains a criminal offence in several parts of the world.
In the United States, adultery laws have a long history, dating back to colonial times. While adultery is no longer a criminal offence at the federal level, it remains illegal in several states. As of 2023, 15 states and Puerto Rico still have adultery laws on the books, although enforcement varies. For example, in Oklahoma, adultery is punishable by up to five years in prison. In Massachusetts, adultery can result in a fine of up to $3,000 or up to 90 days in jail, or even up to three years in prison. However, the enforcement of these laws has become less frequent, and they are increasingly seen as outdated and unconstitutional.
In Europe, adultery laws have also evolved over time. For instance, adultery used to be a crime in Germany, but it is no longer criminalised. Similarly, in Italy, newspapers reported on Prime Minister Francesco Crispi's marriage in the late 19th century, revealing that he had married another woman a few decades earlier.
In Muslim countries that follow Sharia law, adultery may be punished by stoning. Fifteen countries authorise stoning as a lawful punishment, but it has only been legally carried out in Iran and Somalia in recent times. Proving adultery under Muslim law is challenging, as it requires four eyewitnesses who meet strict criteria of truthfulness and honesty.
Adultery laws in India, until overturned by the Supreme Court in 2018, criminalised consensual sexual intercourse between a married woman and a man without her husband's consent. However, adultery between a married man and an unmarried woman was not punishable.
While the enforcement of adultery laws varies globally, it is essential to recognise that these laws have been criticised for violating human rights, particularly women's rights, and for enabling state-sanctioned slut-shaming.
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Adultery and divorce
Adultery laws have existed in various forms throughout history, with some societies imposing harsh penalties for those found guilty. In modern times, the legal consequences of adultery vary across different jurisdictions, and it can be a complex issue when it comes to divorce.
In some countries, adultery is still a criminal offence, which can result in fines or even more severe punishments. For example, in Southwest Asia, adultery has attracted severe sanctions, including the death penalty, with stoning being a method of punishment in countries like Iran, Somalia, and Saudi Arabia. In the United States, adultery laws vary by state, with some states decriminalising adultery while others, like Oklahoma, still have laws that can send an adulterer to prison for up to five years. In Virginia, adultery is a Class 4 misdemeanour, but a new law effective from July 1, 2020, has made it more difficult for defendants to use the Fifth Amendment as a shield in divorce cases.
Even in jurisdictions that have decriminalised adultery, it may still have legal consequences, particularly in fault-based divorce systems. Adultery can be considered grounds for divorce and may impact property settlements, child custody, and alimony payments. For example, in England and Wales, adultery can be used as a reason for divorce under the current fault-based system, but new no-fault divorce rules are planned, which will remove the need to provide a reason for divorce. In Florida, adultery is considered a minor factor by judges when ruling on alimony claims, and it can impact the distribution of marital assets and debts, as well as spousal support.
Proving adultery in court can be challenging, as it often requires clear and convincing evidence of sexual intercourse. This may include corroboration through evidence or testimony from an outside source. In some cases, the adulterous spouse must admit to the act, or it must be proven in court, which can be emotionally difficult for the wronged spouse. Additionally, in some jurisdictions, the intruder or third party involved in the act of adultery may be punished instead of the adulterous spouse.
Adultery laws have been criticised by the United Nations Working Group on discrimination against women, stating that "adultery as a criminal offence violates women's human rights". This is especially relevant in Muslim countries following Sharia law, where proving adultery can be difficult and often requires four eyewitnesses to the act, each with a good reputation for truthfulness and honesty.
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Frequently asked questions
Adultery is illegal in the US military and in 15-21 US states, but these laws are rarely enforced. In recent times, adultery laws have been decriminalized in many states and are rarely prosecuted even where it remains illegal.
Adultery is usually a misdemeanour in the US, but in some states, the punishment can include fines of up to $3,000 or prison sentences of up to three years. In Massachusetts, the punishment is a fine of up to $500 and up to 90 days in jail. In Rhode Island, the punishment is a fine.
Adultery is illegal in 15 countries, including Iran, Somalia, Saudi Arabia, and 12 of Nigeria's 36 states. In these countries, the punishment for adultery may be stoning or death. Adultery was previously a crime in Germany and Italy but is no longer. Adultery was also a crime in India until 2018 when it was overturned by the Supreme Court.
