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Adultery is sexual intercourse between two persons of whom one or both are married but not married to each other. Being able to prove adultery is quite a difficult task especially if you have to show that there was in fact sexual intercourse involved. Only an admission of the act or evidence depicting the actual act is 100% proof of adultery because to prove adultery, one must show that there was penetration of the male organ into the woman. The courts are aware of this fact, thus in proving the existence of adultery; the courts will rely on indirect or circumstantial evidence. The following are ways of proving adultery, though some are circumstantial, others are more definite:-
- Evidence of disposition and opportunity; for instance, if a married woman had been taken out clubbing for over 7 hrs after dark, only for her date to bring her home, followed by both alighting from the car and kiss passionately. That’s a strong evidence showing that they had opportunity.
- Cohabitation: where a married man/woman lives together under the same roof with another person, adultery is strongly presumed.
- Confessions: An admission of adultery is proof of same.
- Entry in Register of birth: An entry into the register of birth by a woman showing that someone other than her husband is the father of her child amounts to a confession of adultery against her.
- Blood tests: Blood tests can be used to ascertain the paternity of a child and as such can be used as evidence of adultery, if the child according to blood test is not the true child of the man.
- Birth of a child after gestation period: When a wife gives birth to a child, more than 280 days after her husband had sex with her, it constitutes proof of adultery against the wife.
- Visits to Brothels: When a ma visits a brothel frequently, its proof of adultery.
- Infections: Contracting a STI is proof of adultery except it was proven that the STI was gotten via innocent causes.
- Conviction for sexual related offences: When a married man is convicted for raping or committing any sexual offence against someone who is not his wife, it is strict proof of adultery.
Adultery must be voluntary, thus a married woman who is raped cannot be guilty of adultery by virtue of that act.