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The application of the term to the act appears to arise from the idea that "criminal intercourse with a married woman ...tended to adulterate the issue [children] of an innocent husband ...Some adultery laws differentiate based on the sex of the participants, and as a result such laws are often seen as discriminatory, and in some jurisdictions they have been struck down by courts, usually on the basis that they discriminated against women.Adultery refers to sexual relations which are not officially legitimized; for example it does not refer to having sexual intercourse with multiple partners in the case of polygamy (when a man is married to more than one wife at a time, called polygyny; or when a woman is married to more than one husband at a time, called polyandry).

Criminal conversation was usually referred to by lawyers as crim.

Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century.

In most Western countries, adultery itself is no longer a criminal offense, but may still have legal consequences, particularly in divorce cases.

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Adultery (from Latin adulterium) is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds.

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