Concept of adultery - Definition

The word adultery recognizes its etymological origin, in the Latin "adulterium", a word integrated by "ad" denoting approximation, and by "alter" meaning "other." In turn it comes from "adulterare" that can be translated how to contaminate something, corrupt it or change its essence.

The concept of adultery as we understand it today, that is, how to maintain sexual relations outside the bond of marriage, was undergoing, along with religion and customs, an important change, accentuated in recent times, what has been received in the legislation.

Among the Athenians adultery was only committed by the married woman; as Demostenes taught the wife served the man to originate her offspring, but nevertheless it was accepted that the husband could have other women for his pleasure, either permanently or occasionally.

In Rome the married woman she had a better status than in Athens, but like there, she was adulteress if she had relations with another man being married, and the man will be, if she maintains a carnal bond with a married woman, for the honor of the other man and the purity of the offspring of another family could be tainted by assigning him a son from another father.In the old cum manu marriage, the woman being subjected to her husband's or father's manuscript if she lived, a private penalty was imposed on her, which had to be approved by the domestic council (for other acts of misconduct as well).It should not be believed that in Rome man could commit adultery with impunity, both spouses had to be faithful, because for both there were sanctions of economic types such as depriving the adult woman of all or part of her dowry; and the husband's assets were confiscated, always with the differentiation of what was considered adultery for each of them.They also received afflicting punishments.

In Rome, the marriage could cease by repudiation (decision of one of the spouses) or by common agreement (divorce) being until the time of the Empire very common the relaxation of customs and adultery, which was difficult to verify because it was known at what time the marriage bond was over.With Augustus the Iulia law of adultery was enacted that demanded formalities so that the repudiation was reliable.The divorce after Justinian and by Christian influence had to respond to causes, one of them was adultery of the woman.However, in order for the woman to plead against the husband, he must have the concubine living in the family home.

In monotheistic religions, adultery is considered a serious crime against the Divine Law.In Islamic countries, with great religious influence in politics, adults are severely punished, as Coran so decides, for both spouses to unlike the Christian Bible that only condemns the adult woman, unless the man's dwarf was with the wife of another.

Religion also had great influence on the laws of modern western states, which for many years had it legislated as a criminal figure.For example in Spain it was a crime until 1978 and in Argentina until 1995.Countries such as Puerto Rico and Nicaragua they still consider it a crime.In Puerto Rico it is a misdemeanor and both spouses and their lovers are punished even if they are single (art.116).In Nicaragua, the married woman who lies with a man other than her husband commits adultery, and that lover knows that the woman is married (art.211) and the husband only if he has manceba living in the family home (art.216).Other curious cases for this time are, among others, the Uruguayan Criminal Code that he considers as exempt from criminal responsibility, at the judge's discretion, that the husband or wife beat or kill their spouse if they have found him or her with another person having sexual relations.Another is the Criminal Code of Venezuela, which in article 423 considers asmitigating homicide and injuries (he says “they will not incur common penalties”) if the husband surprises his wife with a lover, the reciprocal is not contemplated.

In civil matters in most countries, adultery is grounds for divorce.