ADULTERY

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ADULTERY

ADULTERY, criminal law. From ad and alter, another person; a criminal conversation, between a man married to another woman, and a woman married toanother man, or a married and unmarried person. The married person is guiltyof adultery, the unmarried of fornication. (q.v.) 1 Yeates, 6; 2 Dall. 124;but see 2 Blackf. 318. 2. The elements of this crime are, 1st, that there shall be an unlawfulcarnal connexion; 2dly, that the guilty party shall at the time be married;3dly, that he or she shall willingly commit the offence; for a woman who hasbeen ravished against her will is not guilty of adultery. Domat, Supp. duDroit Public, liv. 3, t. 10, n. 13. 3. The punishment of adultery, in the United States, generally, is fineand imprisonment. 4. In England it is left to the feeble hands of the ecclesiasticalcourts to punish this offence. 5. Adultery in one of the married persons is good cause for obtaining adivorce by the innocent partner. See 1 Pick. 136; 8 Pick. 433; 9 Mass. 492:14 Pick. 518; 7 Greenl. 57; 8 Greenl. 75; 7 Conn. 267 10 Conn. 372; 6 Verm.311; 2 Fairf. 391 4 S. & R. 449; 5 Rand. 634; 6 Rand. 627; 8 S. & R. 159; 2Yeates, 278, 466; 4 N. H. Rep. 501; 5 Day, 149; 2 N. & M. 167. 6. As to proof of adultery, see 2 Greenl. Sec. 40, Marriage.

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