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A single act of sexual intercourse is generally sufficient to constitute adultery, and a more long-term sexual relationship is sometimes referred to as an affair.Historically, many cultures have considered adultery to be a very serious crime.For example, New York defines an adulterer as a person who "engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse." In the 2003 New Hampshire Supreme Court case Blanchflower v.Blanchflower, it was held that female same-sex sexual relations did not constitute sexual intercourse, based on a 1961 definition from Webster's Third New International Dictionary; and thereby an accused wife in a divorce case was found not guilty of adultery. Bushey, for adultery, a case that ended in a guilty plea and a 5 fine.tended to adulterate the issue [children] of an innocent husband ...and to expose him to support and provide for another man's [children]".In the United Kingdom, case law restricts the definition of adultery to penetrative sexual intercourse between a man and a woman, no matter the gender of the spouses in the marriage, although infidelity with a person of the same gender can be grounds for a divorce as unreasonable behavior; this situation was discussed at length during debates on the Marriage (Same-Sex Couples) Bill.In India, adultery is the sexual intercourse of a man with a married woman without the consent of her husband when such sexual intercourse does not amount to rape.

Since the 20th century, criminal laws against adultery have become controversial, with international organizations calling for their abolition, especially in the light of several high-profile stoning cases that have occurred in some countries.

Another tort, alienation of affection, arises when one spouse deserts the other for a third person.

A marriage in which both spouses agree ahead of time to accept sexual relations by either partner with others is sometimes referred to as an open marriage or the swinging lifestyle.

Extramarital sexual acts not fitting this definition are not "adultery" though they may constitute "unreasonable behavior", also a ground of divorce.

The application of the term to the act appears to arise from the idea that "criminal intercourse with a married woman ...

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