Question #171
Can an unmarried person be an adulterer?
If an unmarried person has unwanted sexual intercourse with a married person, the married person has just committed adultery but is the unmarried person an adulterer too?
The Answer:
The expression “unwanted sexual intercourse” is not clear. It is not described as “forced” or “rape”; it was just “unwanted.” While the lack of clarity leaves the question vague, it may not change the answer.
Adultery requires two things: 1) the putting away of a spouse in the absence of fornication, and 2) remarrying. In the question posed no spouse has been put away. The innocent spouse has scriptural grounds to divorce the guilty spouse and to remarry a person who is eligible to marry according to the scripture. The unmarried person who had “unwanted intercourse” or even consensual intercourse has no spouse to put away. The act of fornication does not constitute marriage. (See, Class: Questions, Lesson 2, and, in particular, see page 18, par. 6, of the PDF copy of that lesson. The point in the paragraph is that fornication no more ends a marriage for the married than it constitutes a marriage for the unmarried.) In short, the married party has been unfaithful, may be scripturally divorced, and, if divorced, may not scripturally remarry. The unmarried person will not be involved in a putting away and thus has not committed and cannot commit the first step in the requirements for adultery.
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