Character evidence indicating the good or bad reputation of each party may be brought before the jury. Evidence of a woman's sexual relationships with men other than the party to the adultery generally cannot be used; however, if her reputation as a prostitute can be demonstrated, it may be offered as evidence.
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In a few jurisdictions only the married party can be prosecuted for adultery.
If the other party to the relationship is not married, he or she may be prosecuted for fornication instead of adultery.
The punishment set by statute may be greater for an individual who engages in repeated acts of adultery than for one who commits an isolated act.
Defenses An individual who has been charged with committing adultery may have a valid legal defense, such as the failure or physical incapacity to consummate the sex act.
The fact that a married woman accused of adultery became pregnant during a time when her husband was absent might be admissible to demonstrate that someone other than her spouse had the opportunity of engaging in illicit sex with her.