Definition of adulterer/adulteress

[Forfarian]

Adultery is defined in both Scots and English law as either a married man having sexual intercourse with a woman who is not his wife, or a married woman having sexual intercourse with a man who is not her husband.

Clearly, a married person who has sexual intercourse with a person whos is not their spouse is an adulterer/adulteress.

But what about the other party? Is a single person who has sexual intercourse with a married person also an adulterer/adulteress, or merely a fornicator/fornicatrix?

[AlanBoyd]

As far as I can find out no, a single person cannot commit adultery. But I also discovered that in Scots law they are referred to as the ‘paramour’.

https://brodies.com/insights/family-law/adultery-divorces-in-scotland/

[Tickettyboo]

Depending on the circumstances etc etc it must vary?

Was the other party aware that the person they were having intercourse with was actually married?

The time frame may also play a part in the apportioning of guilt / label applied at that time

Boo

[KGarrad]

The ecclesiastical sin of fornication is applied to single women who give birth to a child.

[GR2]

The following is from my 1709 copy of Collections and observations methodiz'd concerning the worship, discipline, and government of the church of Scotland.

"Adultery is the violation of another's bed... and is committed by a Married person's lying with an Unmarried, or the Unmarried person's lying with one who is married. If the Woman with whom the adultery is committed was at that Time living as a common Whore, and the Committer was a single Man, and knew nothing of her being Married, his punishment should be moderated on that account, but if the Man was Married, the Crime is the same, whether the Woman was a Whore or not, it being still a Violation on his part." That would seem to suggest both parties are guilty of adultery, the married and the unmarried.

The same book says "Fornication is committed by the carnal knowledge of unmarried Persons."

[BushInn1746]

The King James Version at Matthew 5:-
v. 27 refers to adultery

v. 28 But I say unto you, That whosoever looketh on a woman to lust after her hath committed adultery with her already in his heart.

So if the act takes place, some will see the act as adultery and both are party to it.

[Forfarian]

The ecclesiastical sin of fornication is applied to single women who give birth to a child.

Indeed, but it is not confined to such cases. The child is incidental.

The OED defines fornication as follows, "voluntary sexual intercourse between a man (in restricted use, an unmarried man) and an unmarried woman. In Scripture extended to adultery".

Chambers Dictionary defines it as "voluntary sexual intercourse of the unmarried, sometimes extended to cases where only one of the pair concerned is unmarried".

Matthew 5 v 28 is irrelevant to my original question, which is whether an unmarried person having actual sexual intercourse with a married person is an adulterer/adulteress or merely a fornicator/fornicatrix.

It seems that it is rather equivocal.

[Erato]

I think in the case of an unmarried man and unmarried woman, she would be considered a fornicator, and he would be considered "a bit of a lad."

[Forfarian]

I think in the case of an unmarried man and unmarried woman, she would be considered a fornicator, and he would be considered "a bit of a lad."

Very possibly, though the kirk sessions considered both parties as equally guilty.

My original question specifically relates to cases where one, and only one, of the guilty parties is married.