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PE01536: Definition of adultery

People Communities

Petitioner: Akri Jones


Date Lodged: 18 November 2014

Calling on the Scottish Parliament to urge the Scottish Government to amend the current definition of adultery within legislation so that is not restrictive to gender status.

Petition History:


3 March 2015: The Committee took evidence from Akri Jones. The Committee agreed to close the petition, under Rule 15.7, on the basis that there is no intention to legislate further in this area in the current Parliamentary session. Link to Official Report 3 March 2015  

Written Submissions:

Comments (0)

Under the current legislation, the definition of adultery is defined as sexual intercourse between persons of the opposite sex outwith marriage but does not apply to same-sex extramarital relationships.  In such scenarios individuals are not able to cite adultery as grounds for divorce but need to petition for divorce on the grounds of unreasonable behaviour.  This clearly infringes on the human rights of an individual, it evidences that there is no equality in adultery laws and no marriage equality in all aspects.  Gender status should not determine what constitutes adultery, as extramarital relationship constitues adultery regardless of gender.


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