Credits –

Adultery is sexual intercourse between two persons of whom
one or both are married but not married to each other. Being able to prove
adultery is quite a difficult task especially if you have to show that there
was in fact sexual intercourse involved. Only an admission of the act or evidence
depicting the actual act is 100% proof of adultery because to prove adultery,
one must show that there was penetration of the male organ into the woman.  The courts are aware of this fact, thus in
proving the existence of adultery; the courts will rely on indirect or
circumstantial evidence. The following are ways of proving adultery, though some
are circumstantial, others are more definite:- 

  • Evidence of disposition and opportunity; for instance, if a  married woman had been taken out clubbing for
    over 7 hrs after dark, only for her date to bring her home, followed by both
    alighting from the car and kiss passionately. That’s a strong evidence showing that
    they had opportunity.

  • Cohabitation: where a married man/woman lives together under
    the same roof with another person, adultery is strongly presumed. 

  • Confessions: An admission of adultery is proof of same. 

  • Entry in Register of birth: An entry into the register of
    birth by a woman showing that someone other than her husband is the father of her
    child amounts to a confession of adultery against her. 

  • Blood tests: Blood tests can be used to ascertain the
    paternity of a child and as such can be used as evidence of adultery, if the
    child according to blood test is not the true child of the man. 

  • Birth of a child after gestation period: When a wife gives
    birth to a child, more than 280 days after her husband had sex with her, it
    constitutes proof of adultery against the wife. 

  • Visits to Brothels: When a ma visits a brothel frequently,
    its proof of adultery. 

  • Infections: Contracting a STI is proof of adultery except it
    was proven that the STI was gotten via innocent causes. 
  • Conviction for sexual related offences: When a married man is
    convicted for raping or committing any sexual offence against someone who is
    not his wife, it is strict proof of adultery.

Adultery must be voluntary, thus a married woman who is raped
cannot be guilty of adultery by virtue of that act. 
Adedunmade Onibokun