What is Adultery?
Adultery ranks among the most common issues in couples. It is defined as extramarital sex, which is highly disapproved of for moral, social, and religious reasons. Considered a violation of the duty of fidelity, it carries legal consequences. The causes of adultery are numerous, including a lack of communication, sexual inactivity, sexual dissatisfaction, and more.
What is the Difference Between Infidelity and Adultery?
Infidelity occurs when a woman or a man violates a set of rules or norms related to the relationship. It can be emotional or physical, leading to sexual jealousy or rivalry. Like adultery, it is also linked to sexual relations outside of marriage or a committed relationship. In this case, it is referred to as sexual infidelity. Emotional dissatisfaction is one of the primary reasons that lead a person to be unfaithful to their partner.
Both infidelity and adultery involve breaking a promise and not remaining faithful to a partner. These situations tend to occur when one or both individuals in a relationship are dissatisfied with the quality of their sex life.
How to Prove Adultery?
Proving adultery can be challenging. However, Article 259 of the Civil Code mentions that this misconduct can be established through various pieces of evidence such as:
- written evidence like postcards, text messages, faxes;
- written confessions in a diary;
- phone records;
- testimonies from family members;
- a private detective’s report.
It should be noted that evidence is inadmissible if it was obtained through fraud or violence. The same applies if it infringes upon the accused’s right to privacy. Therefore, recording a conversation on a voicemail, for example, is prohibited. Installing a microphone in the conjugal home is also considered a violation of privacy.
Is Adultery Illegal?
Before 1965, adultery had a peremptory character. In such cases, it was considered an automatic cause for divorce. Since 1975, it has become a civil fault. Adultery is no longer a criminal offense. Thus, it is up to the judge to make a decision based on the seriousness of the issue.
Reasons Why Adultery is Serious
There are many reasons why adulterous conduct is considered reprehensible and illegal. Adultery can lead to the breaking of commitments. Children born from extramarital affairs often face legal issues. They are not legally connected to their parents and do not enjoy the same benefits as children who live within a stable family. When a person engages in extramarital sexual relations, they are more likely to contract sexually transmitted diseases, which they can then transmit to their spouse. Cheating on a partner leads to the dissolution of the marriage and can cause emotional distress for those involved. The victimized spouse feels betrayed. Even though adultery may promise joy, it destroys. It can also harm society and hurt other innocent individuals, such as children.