Правовые последствия супружеской измены в разных странах

Shapkayts Yuliya Aleksandrovna, 
Student of Moscow Metropolitan Governance Yury Luzhkov University 

Scientific consultant Osadchaya O.N.,
Associate Professor at the Foreign Languages Department,
Russian State University of Justice named after V.M. Lebedev, 
PhD in Philology

Legal effects of adultery in different countries

Abstract. This article is a comparative analysis of the legal aspects of adultery, considering its impact on divorce, property disputes, custody of children, as well as the presence or absence of criminal liability or other punishment. The conducted research is relevant, as it touches upon the topic of protecting human rights and his personal life. The aim is to identify the legal consequences of adultery. In the course of the analysis, an overview of the regulation of adultery by the laws of various states was presented. It also revealed a variety of approaches to punishment for adultery. A separate trend was noted towards the recognition of the right to freedom of private life.

Keywords: adultery, legislation, family relations, divorce, death penalty, imprisonment.

Adultery is a voluntary sexual act between a married person and a person who is not his spouse. For centuries, this phenomenon has been viewed as a violation of marital fidelity and moral principles. However, in the modern world, the legal concept and consequences of adultery in various countries differ markedly, both from the established understanding of infidelity and from each other. This article will analyze this element of marital relations in different legal systems of different countries.

It is appropriate to start by considering adultery in the legislation of the Russian Federation. It is worth noting in advance that the Family Code of the Russian Federation regulates almost all areas of family life to the best of its ability, but the term “adultery” is not mentioned in it, and from the point of view of the law, the infidelity of a spouse does not entail any legal consequences. However, Article 92 of the Family Code of the Russian Federation establishes that the court may release the spouse from the obligation to support another disabled spouse in need of assistance, or limit this obligation to a certain period both during the marriage and after its dissolution, in case of improper behavior in the family of a spouse who requires alimony payments [6]. Where improper behavior can also be understood as adultery. Also, Article 119 mentions that the court has the right to refuse to collect alimony to an adult capable person if it is established that he has committed an intentional crime against a person who is obliged to pay alimony, or in the case of improper behavior of an adult capable person in the family [6]. However, adultery can be the basis for a judicial dissolution of a marriage if one of the spouses wants to bring this information to the court. Moreover, before marriage future spouses can conclude a prenuptial agreement, in which it is possible to establish certain property consequences in case of infidelity of one of the spouses.

In the Philippines, there are much stricter rules concerning adultery. Regarding cheating wives, according to Article 333 of the Philippine Penal Code, adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void. Adultery shall be punished by prison correctional in its medium and maximum periods [9]. Speaking of cheating on husband’s side, punishment is more lenient. According to article 334, any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prison correctional in its minimum and medium periods. The concubine shall suffer the penalty of banishment.

In the United States, adultery is not punishable in all states, and many states have decriminalized such laws, but there are still some states in which adultery is considered a misdemeanor or even a serious crime. For example, in the state of Oklahoma, adultery is considered a serious crime. According to Oklahoma Statutes, any person guilty of the crime of adultery shall be guilty of a felony and punished by imprisonment in the State Penitentiary not exceeding five years or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment [3]. And in Alabama, adultery is considered a misdemeanor. Under the Criminal Code of Alabama, adultery is a Class B misdemeanor [4]. In U.S. law, a Class B misdemeanor is punishable by thirty days and up to six months in prison or a fine of up to five thousand dollars. In general, adultery is considered as a serious crime in only three states – Oklahoma, Michigan and Wisconsin, and it is perceived as a misdemeanor in thirteen states and Puerto Rico. In other states people who cheat on their spouses are not responsible for their actions.

In Pakistan, adultery is very severely punishable by law. Since religion plays a major role in Pakistan, as in many other states that preach Islam, many state laws are written in accordance with Sharia law. Therefore, according to The Offence of Zina Ordinance, whoever is guilty of Zina shall:

a) be stoned to death at a public place if he or she is a muhsan,

b) be punished at a public place with whipping numbering one hundred stripes if he or she is not muhsan [7].

In Afghanistan, according to the Criminal Code, the person who commits adultery or sodomy with a female, or male sodomy, shall be sentenced to medium imprisonment (from one to five years) or long-term imprisonment (from five to sixteen years), viewing the circumstances of each act [8]. Also, if the conditions of Hadd are fulfilled, according to Sharia law, an unfaithful spouse can be punished by public stoning to death or public one-hundred-fold lash.

In Vietnam, marital infidelity is a criminal offense and is punishable very seriously, according to the Vietnamese Criminal Code. Particularly, any married person who marries or cohabits with another person, any unmarried person who marries or cohabits with another person in the knowledge that he or she is already married and in any of the following cases shall receive a warning or face a penalty of up to one year’s community sentence or one year’s imprisonment [5]. In India, adultery is currently decriminalized, and is not punishable by law, but it can serve as a basis for divorce in court, and it can also greatly affect custody and division of property, according to Hindu Marriage Act [1].

In China, adultery does not entail any punishment from the state, there are no laws on adultery in this country. But in the process of divorce, it can play a significant role, in addition to the fact that the infidelity of one of the spouses is the reason for the divorce, it is also a reason to pay compensation for moral damage to the spouse who suffered from the adultery. According to Marriage Law of the People’s Republic of China, if one of the following circumstances leads to the dissolution of the marriage, the innocent party has the right to claim compensation for the damage caused, if one of the spouses lives together with another person [2]. This condition can be interpreted as adultery.

In Saudi Arabia, the legal system is based on Sharia, Islamic law derived from the Koran, and according to Sharia, a married woman or a married man for cheating on his spouse can be punished by public stoning to death or public one-hundred-fold lash. In all European countries, laws on adultery have been declared unconstitutional and abolished. However, in some of these countries, adultery may be considered as a ground for divorce in court, but adultery does not entail any other consequences.

This study, which analyzes the legal consequences of adultery in different jurisdictions, demonstrates a wide range of approaches to regulating this phenomenon. From criminalized customs to complete decriminalization. Legal systems reflect cultural, religious, and social differences in the perception of marital fidelity. Summing up the research, it is essential to highlight the existing punishments and consequences of adultery:

1) the death penalty;

2) deprivation of liberty;

3) fine;

4) compensation for an innocent spouse;

5) division of property in favor of an innocent spouse;

6) distribution of custody of children in favor of an innocent spouse.

In many modern countries, adultery has no consequences at the legislative level, in some cases it can only be considered a reason for divorce, and it can also influence the court’s decision on custody of children in order to choose a better life for them. The tendency to recognize the right to freedom of private life leads to a decrease in the role of adultery in the legal regulation of family relations. However, in some of the examples discussed in this article, adultery still entails punishment, and sometimes severe.

References

1. Hindu Marriage Act. URL: https://www.writinglaw.com/the-hindu-marriage-act-1955/#section-23a (date of admission: 12.05.2025).

2. Marriage Law of the People’s Republic of China. URL: https://ru-chinafamily.livejournal.com/3854.html (date of admission: 12.05.2025).

3. Oklahoma Statutes. URL: https://law.justia.com/codes/oklahoma/title-21/section-21-872/ (date of admission: 13.05.2025).

4. The Criminal Code of Alabama. URL: https://law.justia.com/codes/alabama/title-13a/chapter-13/section-13a-13-2/ (date of admission: 12.05.2025).

5. The Criminal Code of Vietnam. URL: https://www.wipo.int/wipolex/ru/legislation/details/17225 (date of admission: 12.05.2025).

6. The Family Code of the Russian Federation. URL: https://www.consultant.ru/document/cons_doc_LAW_8982/064441097a9598fb17eb11660a021d2da79cf36f/ (date of admission: 13.05.2025).

7. The Offence of Zina Ordinance. URL: https://pakistani.org/pakistan/legislation/zia_po_1979/ord7_1979.html (date of admission: 13.05.2025).

8. The Penal Code of Afghanistan. URL: https://www.refworld.org/legal/legislation/natlegbod/1976/en/74763 (date of admission: 12.05.2025).

9. The Revised Penal Code of the Philippines. URL: https://www.un.org/depts/los/LEGISLATIONANDTREATIES/PDFFILES/PHL_revised_penal_code.pdf (date of admission: 12.05.2025).