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Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century.

In most Western countries, adultery itself is no longer a criminal offense, but may still have legal consequences, particularly in divorce cases.

Traditionally, many cultures, particularly Latin American ones, had strong double standards regarding male and female adultery, with the latter being seen as a much more serious violation.

Adultery involving a married woman and a man other than her husband was considered a very serious crime.

Some adultery laws differentiate based on the sex of the participants, and as a result such laws are often seen as discriminatory, and in some jurisdictions they have been struck down by courts, usually on the basis that they discriminated against women.

Adultery refers to sexual relations which are not officially legitimized; for example it does not refer to having sexual intercourse with multiple partners in the case of polygamy (when a man is married to more than one wife at a time, called polygyny; or when a woman is married to more than one husband at a time, called polyandry).

Historically, many cultures have considered adultery to be a very serious crime.

Adultery often incurred severe punishment, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, or torture.

For example, in fault-based family law jurisdictions, adultery almost always constitutes a ground for divorce and may be a factor in property settlement, the custody of children, the denial of alimony, etc.

Adultery is not a ground for divorce in jurisdictions which have adopted a no-fault divorce model.

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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