Legal Definitions - avoutry

Avoutry is an older legal term that refers to adultery. It describes the act of voluntary sexual intercourse between a married person and someone other than their spouse.

Here are some examples to illustrate the concept of avoutry:

• Example 1: Michael is legally married to Sophia. While on a business trip, Michael has a consensual sexual encounter with a colleague, Laura, who is not his wife. This act, where Michael, a married individual, engaged in sexual intercourse with someone other than his spouse, constitutes avoutry.

  Explanation: This scenario clearly demonstrates avoutry because Michael, being married, voluntarily engaged in sexual intercourse with a person who was not his legal spouse.

• Example 2: In a state where "fault-based" divorce is permitted, Emily discovers that her husband, David, has been having a sexual relationship with their neighbor, Sarah. Emily decides to file for divorce, citing David's infidelity as the reason. David's actions, in this context, would be considered avoutry.

  Explanation: David's consensual sexual relationship with Sarah, while he is married to Emily, is an act of avoutry. In jurisdictions that allow it, this act could be presented as a legal ground for Emily to seek a divorce based on marital misconduct.

• Example 3: Robert is married to Anna, and Lisa is married to Mark. Robert and Lisa begin a secret, consensual sexual relationship with each other. In this situation, both Robert and Lisa are committing avoutry.

  Explanation: This example illustrates that avoutry can involve two married individuals. Robert, being married to Anna, engaged in sexual intercourse with Lisa, who is not his spouse. Similarly, Lisa, being married to Mark, engaged in sexual intercourse with Robert, who is not her spouse. Therefore, both parties' actions fall under the definition of avoutry.