Also known as: advoutrie · avoutry · adultery
Written by attorneys · grounded in primary & secondary sources — see below
Adultery committed by two persons each of whom is married to a third party.
Select any source to read its text and confirm it supports the definition.
Audrey Ashton returned home early and found her husband in bed with Anita Ali, who was married to another man. Overcome with rage, Audrey seized a nearby object and struck the man, killing him before any cooling period could occur. The court reduced the charge from murder to voluntary manslaughter because the discovery of advoutry supplied adequate provocation at common law.
Alexis Archer sued her former partner under an implied contract theory after their relationship ended. Evidence showed that the pair had engaged in advoutry while each remained married to other spouses. The court examined whether the illicit nature of the relationship barred recovery of promised support payments.
Abigail Alvarez received a lengthy prison term after conviction for a homicide tied to her discovery of advoutry. She argued on appeal that the sentence was cruel and unusual because the underlying provocation arose from catching her spouse in the act. The reviewing court assessed whether the penalty violated constitutional limits.
Aaron Adams and his married lover faced federal charges for agreeing to conceal their advoutry from their respective spouses. Prosecutors alleged the agreement constituted a criminal conspiracy. The defense moved to dismiss on the ground that the object of the agreement was not a federal crime.
Alan Ackerman brought an action seeking damages after learning that his wife had committed advoutry with a business associate. The defendant demanded a jury trial on the factual issues. The court determined whether the claim carried a Seventh Amendment right to a jury.
A public school posted a historical document that listed advoutry among prohibited acts. Parents challenged the display as an establishment of religion. The court evaluated whether the posting violated the First Amendment prohibition on government endorsement of religious tenets.
Advoutry requires that both participants already be married to other persons at the time of the act. This element is stated directly in the historical definition.
Yes. Catching one's spouse in the act of advoutry is one of the classic categories of adequate provocation that can reduce an intentional killing from murder to voluntary manslaughter.
No. At English common law, adultery and fornication were treated only as ecclesiastical offenses and were not criminal under the common law of crimes.
…371 U. S. 415, 438. The State of Connecticut does have statutes, the constitutionality of which is beyond doubt, which prohibit adultery and fornication. See Conn. Gen. Stat. §§ 53-218, 53-219 et seq. These statutes demonstrate that means for achieving the same basic purpose of protecting marital fidelity are available to…