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It is seen to differ from fornication in that it supposes the marriage of one or both of the agents. Nor is it necessary that this marriage be already consummated; it need only be what theologians call matrimonium ratum. Sexual commerce with one engaged to another does not, it is most generally held, constitute adultery. Again, adultery, as the definition declares, is committed in carnal intercourse.
Nevertheless immodest actions indulged in between a married person and another not the lawful spouse, while not of the same degree of guilt, are of the same character of malice as adultery Sanchez, De Mat. XLVI, n. It must be added, however, that St. Alphonsus Liguori, with most theologians, declares that even between lawful man and wife adultery is committed when their intercourse takes the form of sodomy S.
Liguori, L. III, n. Among savages generally adultery is rigorously condemned and punished. Among such peoples the wife is commonly reckoned as the property of her spouse, and adultery, therefore, is identified with theft. But it is theft of an aggravated kind, as the property which it would spoliate is more highly appraised than other chattels.
So it is that in some parts of Africa the seducer is punished with the loss of one or both hands, as one who has perpetrated a robbery upon the husband Reade, Savage Africa , p. But it is not the seducer alone that suffers. Dire penalties are visited upon the offending wife by her wronged spouse.
