After the Legislative Yuan's third reading announced the decriminalization of adultery, there has been intense public debate. Some believe that this move encourages adulterous behavior and is unfair to the betrayed spouse. Is this really the case? In the following, we will guide you on how to collect sufficient evidence to protect your marital rights when facing a partner's infidelity.

What is adultery? What are some signs that adultery may occur?

Adultery refers to a married person engaging in voluntary sexual intercourse with a third party, also known as an extramarital affair. The Criminal Code’s "Adultery Offense" clearly states that sexual intercourse is considered adultery, and some countries even consider rape of a woman as adultery. How can you observe if your spouse is cheating? For example:

• Returning home late and being unclear about their schedule.
• Avoiding phone calls more frequently.
• Becoming more concerned about their appearance.
• Showing less attention to their partner, forgetting or misremembering their spouse’s preferences.

These behavioral differences can indicate whether your partner may be having an affair.

Does the Decriminalization of Adultery Mean Decriminalization of Infidelity?

In May 2020, the Constitutional Court ruled that Article 239 of the Criminal Code ("Adultery Offense") and the proviso in Article 239 of the Criminal Procedure Law (which allowed for the withdrawal of the adultery charge solely against the spouse) were unconstitutional. The court made a ruling under Interpretation No. 791, citing violations of the proportionality and equality principles. The news created a stir, and many believed that this move meant allowing people to cheat without consequences. However, this is not the case. Adultery was previously criminalized by the state, using state power to intervene in personal matters, which was seen as excessive. Additionally, allowing one spouse to unilaterally drop the charge seemed unfair. Over time, societal thinking has evolved, and judicial reforms that align with contemporary needs are necessary.

After Decriminalization of Adultery, How Can We Protect Marital Rights Legally?

In addition to adultery crimes, Chapter 17 of the Criminal Code "Crimes of Interfering with Marriage and Family" contains other provisions, and the Family Affairs Act and Civil Code's compensation for infringing on a spouse's rights also protect the rights of the wronged spouse. The decriminalization of adultery does not mean that mistresses and lovers can roam freely.

Is Interfering with a Family a Civil Law Matter? What Evidence Should Be Collected?

Interfering with a family is not civil law but is defined in Article 239 of the Criminal Code, which has been revoked following the decriminalization of adultery. As for infringement of a spouse's rights in civil law, evidence of the spouse’s infidelity needs to be collected, such as:

• Intimate conversations with a third party (e.g., chat logs on Line).
• Photos showing intimate actions between both parties.
• Credit card records from hotels or inns.

The judgment is based on the judge's discretion. Compared to the evidence required for adultery (proof of sexual intercourse between the two parties), evidence for infringing on a spouse’s rights is easier to obtain and more favorable for filing lawsuits against the third party and the unfaithful spouse to seek compensation.

When Facing Adultery Issues, Let Yitong Investigation Agency Handle It for You

Yitong Investigation Agency, with years of experience, is capable of solving all kinds of problems. Standing out among many investigation agencies, we rely on nearly 40 years of professional expertise and the ability to keep up with the times, overcoming various challenges when collecting evidence of infidelity. We have successfully assisted hundreds of clients, with practical skills and ample experience, ensuring that we can resolve our clients’ concerns.