Throughout the history of marriage, adultery has been socially frowned upon as a betrayal of trust, and it often leads to divorce. Public opinion and religious beliefs are often believed to be the driving factor behind these negative views, but the laws regarding marriage also play a role. However, many people do not understand how these laws may affect them.

The Legality of Adultery

As is common with most laws, the way adultery is defined and handled varies from state to state. What many fail to realize about adultery is that in Illinois, it is considered against the law and can result in legal repercussions. Illinois is one of 18 states that have made adultery a crime. Illinois law defines the act of adultery as voluntary sexual intercourse between a married person and a person who is not their spouse, if:

• The person is married and knows the other person involved in such intercourse is not his spouse; or 
• The person is not married and knows that the other person involved in such intercourse is married.

Based on the law, if two parties engage in such action, and their actions are “open and notorious,” they are committing a misdemeanor, which can be punished by up to a year in prison. However, even though this law exists, it rarely results in criminal prosecution, so a person is unlikely to actually receive jail time for their extramarital activities. 

Maybe he swears it meant nothing to him. Maybe she promises it will never happen again. Whatever the situation, many couples will find themselves facing a situation in which one partner has been been unfaithful.  They will have to decide either to forgive the indiscretion and move on together, or to end the relationship. Obviously, for married couples ending the relationship typically means divorce, and infidelity continues to be among the most common reasons for ending a marriage. For those that decide to work out their relationship, questions inevitably remain about what caused the cheating partner to stray.

Part of the answer may lie in the human genetic code, as scientists continue to research links between genetics and human behavior. New studies are emerging on a regular basis relating the effect a specific gene or gene variant may have on the choices an individual makes. Several projects in the last few years have identified a number a genes, in fact, that may have a direct impact on a person&s self-control over inclinations toward thrill-seeking behavior, including infidelity.

One such study from Binghamton University, State University of New York, examined the impact of a variant of the dopamine receptor polymorphism, or DRD4, gene. Commonly associated with pleasure-seeking behaviors such as gambling and alcohol use, the DRD4 variation also demonstrated connection to uncommitted sexual activity, including one-night stands and infidelity. While the researchers did not claim the genetic variant necessarily caused such behavior, it was certainly more common in subjects with the variation.