Sometimes adultery has been successfully invoked as a defense against the crime of murder by a person accused of killing her spouse`s lover. However, the courts refuse to excuse the heinous crime of murder on the grounds that the accused party was agitated by the adulterous activities of a spouse. However, people who kill their spouse after catching him or her in adultery can rely on a passionate defense and will therefore be prosecuted or convicted of manslaughter rather than first-degree murder. A marriage in which both spouses agree in advance to accept one partner`s sexual relations with others is sometimes called an open marriage or swinger lifestyle. Polyamory, that is, the practice, desire or acceptance of intimate relationships that are not exclusive in relation to other sexual or intimate relations, with the knowledge and consent of all parties involved, sometimes involves such marriages. Swinger and open marriages are both a form of non-monogamy, and spouses would not consider sexual relations offensive. However, regardless of the views expressed by the partners, extramarital affairs could still be considered a crime in some jurisdictions that criminalize adultery. Among the last Western European countries to decriminalize adultery are Italy (1969), Malta (1973), Luxembourg (1974), France (1975), Spain (1978), Portugal (1982), Greece (1983), Belgium (1987), Switzerland (1989) and Austria (1997). [173] [174] [175] [176] [177] [178] [179] [180] Buddhist texts such as Digha Nikāya describe adultery as a form of sexual misconduct that is a link in a chain of immorality and misery. According to Wendy Doniger, this view of adultery is postulated as evil in early Buddhist texts, because it stems from greed in a previous life. This idea combines hindu and Buddhist thoughts that prevailed at the time. [120] Sentient beings without bodies, according to the canonical texts, are reborn on earth because of their greed and desire, some people become beautiful and others ugly, others become men and women.
The ugly envies the beautiful and this triggers the ugly to commit adultery with beauty women. As in Hindu mythology, according to Doniger, Buddhist texts explain adultery as a result of sexual desire; it initiates a degenerative process. [120] Evidence that the respondent was fortunate enough to have sex associated with a desire or opportunity and inclination may be sufficient to prove guilt. Photos or testimonies of a witness who observed the couple during sex are not necessary. The fact that a married woman accused of adultery became pregnant at a time when her husband was away could be allowed to prove that someone other than her spouse had the opportunity to have illegal sexual relations with her. Pali Buddhist texts tell of legends in which the Buddha explains the karmic consequences of adultery. For example, says Robert Goldman, one of those stories is that of Thera Soreyya. [122] Buddha states in the story of Soreyya that “men who commit adultery suffer hell hundreds of thousands of years after rebirth, and then reborn hundreds of times in a row as women on earth, must gain merit in these lives through `total devotion to their husbands` before they can be reborn as men to pursue a monastic life and liberation from samsara.
[122] [123] The Court took the unusual step of concluding its decision by stating that human rights organizations have stated that legislation on sexual crimes must be based on consent and must recognize consent as central and not trivialize its importance; Doing anything else can lead to legal, social or ethical abuses. Amnesty International highlighted “acts that should never be criminalised, including consensual sexual relations between adults”, condemning the legislation on stoning, which targets adults among others. [238] Salil Shetty, Amnesty International`s Secretary General, said, “It is incredible that in the twenty-first century, some countries tolerate child marriage and marital rape, while others prohibit abortion, sex outside marriage, and same-sex sexual activity – even those punishable by death.” [239] The “My Body, My Rights” campaign condemned state control over individual decisions about sexuality and reproduction; “All over the world, people are forced, criminalized and discriminated against simply because they make decisions about their bodies and their lives.” [240] Adultery is a crime in the Philippines. [139] In the Philippines, the law distinguishes according to the sex of the spouse. A woman can be charged with adultery, while a husband can only be charged with the associated crime of cohabitation, which is defined more vaguely (it requires the lover to stay in the family home or live with her or have sex in scandalous circumstances). [140] There are currently proposals to decriminalize adultery in the Philippines. [141] Later in Roman history, as William E.H. Lecky has shown, the idea that the husband owed a fidelity similar to that required of the wife must have gained ground, at least theoretically.
Lecky echoes Ulpian`s legal maxim: “It seems very unfair for a man to demand from a woman`s chastity that he does not practice himself. [58] Until 2009, it was legal in Syria for a husband to kill or injure his wife or women in his family who were caught red-handed committing adultery or other illegitimate sexual acts. The law has been amended so that the offender cannot “benefit from mitigating circumstances, provided that he or she serves a prison sentence of at least two years in the event of murder.” [261] Other sections also provide for reduced penalties. Article 192 stipulates that a judge may opt for reduced sentences (for example, a short-term prison sentence) if the murder was committed with honourable intent. Article 242 states that a judge may reduce a sentence for murder committed in anger and caused by an unlawful act of the victim. [262] In recent years, Jordan has amended its penal code to amend its laws, which provided a comprehensive defense for honor killings. [263] The theme of adultery has been used in many literary works and has served as the theme for notable books such as Anna Karenina, Madame Bovary, Lady Chatterley`s Lover, The Scarlet Letter, and Adultry. It has also been the subject of many films. “Thou shalt not commit adultery” is one of the Ten Commandments, and adultery is expressly forbidden by several religions and even some laws. In the past, adultery was sometimes used more generally to refer to any type of sexual activity considered a sin.
Today, however, adultery usually means that at least one of the partners is married (whereas the word fornication is often used in a religious context to refer to any sex outside of marriage). Although Leviticus prescribes the death penalty for adultery in 20:10, the legal procedural requirements were very demanding and required the testimony of two eyewitnesses of good character for sentencing. The defendant must also have been notified immediately before the crime. [60] A death sentence could only be pronounced during the period when the Holy Temple was held and only as long as the Supreme Torah Court met in its chamber inside the temple complex. [61] Today, therefore, there is no death penalty. [62] Anti-adultery laws have been described as pervasive and inconsistent with the principles of limited government (see Dennis J. Baker, The Right to Not to be Criminalized: Demarcating Criminal Law`s Authority (Ashgate) Chapter 2). Much of the criticism comes from libertarianism, whose proponents agree that the government should not invade everyday privacy and that such disputes should be settled in private, rather than being prosecuted and punished by public institutions. It is also argued that laws on adultery are rooted in religious doctrines; which should not be the case with the laws of a secular state.
One argument against the criminal status of adultery is that law enforcement resources are limited and should be used with caution; By investing in the investigation and prosecution of adultery (which is very difficult), the reduction of serious violent crime can suffer. [237] Zina` is an Arabic term for illegal, premarital or extramarital sexual intercourse. Various conditions and punishments have been attributed to adultery. According to Islamic law, adultery is usually sexual intercourse of a person (male or female) with someone to whom he or she is not married. Adultery is a violation of the marriage contract and one of the main sins condemned by Allah in the Qur`an: [Citation needed] Historically, laws against adultery have been enacted in most cultures only to prevent women – not men – from having sex with someone other than their spouse, as women have been considered the property of their husbands. Adultery is often defined as sexual intercourse between a married woman and a man other than her husband. [Citation needed] Among many cultures, punishment was – and still is today, as mentioned below – the death penalty.