What is Adultery? The Crime of Adultery under the Turkish Penal Code and Civil Code.

Adultery Crime | What is Adultery? | Family Law | Divorce Lawyer | Attorney Dilek Yavuz Uysal

What is adultery?

Adultery means illicit sexual intercourse; in other words, sexual relations outside of marriage.

(OLD) Law No. 765 Turkish Penal Code‘Article 440 of [the law] is as follows:"Article 440 - A wife who commits adultery shall be sentenced to imprisonment for a period of six months to three years. The same punishment shall be imposed on anyone who knowingly participates in this act while the wife is married."“ With its old form Turkish Penal CodeWhile it was once considered a crime, today this crime is grounds for divorce for both men and women.

Adultery, until 2004 Turkish Penal Code’This regulation seriously violates the principle of equality between men and women. For men, having intercourse with a woman once was not considered a crime; however, if a man lived with another woman for up to six months in a way that everyone believed they were married, then it was considered adultery. For women, even a man visiting their home in the evening was considered adultery.

Nowadays, adultery is not a crime but is considered a serious fault in divorce proceedings. In short, in a divorce case, the party at fault is deprived of many rights such as custody, alimony, and compensation. In this way, the cheated spouse (both male and female) has the right to receive significant financial and emotional compensation from the other party in a divorce case. 

As can be seen, in the old legal system where adultery was considered a crime, it was a discriminatory practice, particularly unfavorable to women, and unfortunately, often abused. Today, however, it has been removed from the Turkish Penal Code as a crime and has become a practice that protects the rights of both women and men under civil law.

Therefore, before making demands and statements like "adultery should be a crime" or "the death penalty should be reinstated," it would be beneficial to research and understand how those laws are formulated and, most importantly, how they are implemented. We believe our focus should be on child abuse. What are your thoughts on this? Let's discuss in the comments. 

...from the collected evidence, it is understood that there is a photograph, relied upon by the plaintiff and not denied by the defendant, showing the man with another woman in a bathroom, semi-naked and in an intimate situation, and that the man stayed with the other woman for approximately 10 days, as evidenced by witness testimony. Although the regional court of appeal accepted that the defendant man engaged in behavior that undermined trust, the existence of the inappropriate photograph with the other woman and his living with her strongly suggest that sexual intercourse occurred and therefore adultery exists. In this case, the man's adultery has been proven, and the conditions of Article 161 of the Turkish Civil Code have been met. In light of this situation, the parties should be granted a divorce on the grounds of adultery (Article 161 of the Turkish Civil Code)....

SUPREME COURT OF APPEALS, 2ND CIVIL CHAMBER, CASE NO. 2019/4012, DECISION NO. 2019/12142

It has been established through the investigation and collected evidence that the plaintiff-counterdefendant (husband) had sexual relations with multiple women and frequently spent time with them on yachts and in bars. The court has also accepted these facts as proven. These actions constitute "adultery.".

SUPREME COURT 2nd LAW DIVISION E. 2014/1592 K. 2014/17457

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