lawyer

#Adultery laws: where is cheating still illegal?

Several Muslim countries and almost half of all US states still consider adultery a criminal offence

South Korea has decriminalised adultery, revoking a law that punished cheating spouses with up to two years' imprisonment.

With the 60-year old law now deemed unconstitutional, the landmark ruling means that the 5,500 people convicted since 2008 could have their cases reconsidered, according to the BBC. However, there still remains some opposition within the conservative country, with supporters of the law saying that it is vital to help keep families together.

However, campaigners argue that adultery laws are outdated, sexist and an infringement of human rights as the courts should not be regulating consensual adult behaviour that occurs in private.

Laws around the world

South Korea was one of only three Asian countries to still criminalise adultery, alongside Taiwan and the Philippines. All European nations have decriminalised adultery and, while it is not considered a criminal offence in most Western parts, it may still have legal consequences, especially in divorce proceedings.

The UN has issued numerous calls to governments to repeal laws that criminalise adultery, arguing that they are predominantly used to discriminate against women. "Provisions in penal codes often do not treat women and men equally and establish harsher rules and sanctions for women," writes human rights expert Frances Raday .

The organisation also argues that the criminalisation of sexual relations between consenting adults is a violation of their right to privacy.

Various Muslim countries

Countries governed by Islamic law, including Saudi Arabia, Pakistan and Somalia, all strictly prohibit "zina", or "fornication outside marriage". Prosecutions are common and punishment can include fines, arbitrary detention, imprisonment, flogging and in extreme cases, the death penalty. Women are overwhelmingly targeted.

Human rights organisations argue that in several Muslim nations, adultery laws are often used against women who have been raped. Under such legislation, the burden of proof is on the woman to provide evidence that she was raped, or be prosecuted for adultery.

In 2008, a 13-year-old rape victim was stoned to death by 50 men in Somalia under the Islamic government's strict adultery laws. No efforts were made to identify or apprehend her rapists, The Independent reports.

America 

Adultery remains illegal in 21 states across the US. The laws "extend back to the Old Testament", when women were treated as property, the New York Times reports.

One of the reasons adultery laws remain in effect is that getting rid of them would require politicians to vocally oppose them, something few are willing to do. Additionally, "many like the idea of the criminal code serving as a kind of moral guide even if certain laws are almost never applied", says the newspaper.

In most states, including New York, cheating on your spouse is considered only a misdemeanour. However, in others like Idaho, Massachusetts, Michigan, Oklahoma and Wisconsin, it is a felony crime. Prosecutions are rare, but they do occur and punishments can range from a $10 fine in Maryland to life imprisonment in Michigan, according to Mother Jones .

Taiwan's adultery laws are an anomaly in the region, with the offence punishable by up to a year in prison. The country's minister of culture Lung Ying-tai has described the laws as archaic and embarrassing, according to the Asia Sentinel .

The application of the law also overwhelmingly favours men. "If Taiwanese men get caught, they usually apologise, then the wives tend to drop the charge because men are often the economic providers in most families; but if it is the other way round the women are dragged into court," explains Chen Yi-chien, a gender equality activist.

The government is coming under increasing pressure to drop the law by both domestic and international advocacy groups as the country is a now a signatory to various gender equality treaties, including the UN's Convention on the Elimination of All Forms of Discrimination against Women.