Estranged Husband Gets 4 Months Under Adultery Law
Kandal: A man was sentenced by Kandal Provincial Court Judge Heng Phalla on 29 January 2021, to four months in prison for adultery, after a complaint was made by his wife.
Defendant Ban Sareth, 62 years old, a land broker, is from Sangkat Takhmao, Takhmao City, Kandal Province.
Police from Kandal Provincial Anti-Human Trafficking and Juvenile Protection Office arrested the man on January 16, 2021 at his home, much to the surprise of his neighbors in New World Borey, Takhmao City.
Authorities first sent the suspect to the Kandal Provincial Prosecutor’s Office for legal action. Later, on 16 January 2021, Kandal Provincial Court Judge Heng Phalla issued a Provisional Detention Order and set a January 29 hearing date.
Ban Sareth was charged with adultery under Articles 7 and 10 of the Law on Monogamy. After cross-examination and the conclusions of the representatives of the prosecution, Judge Heng Phalla sentenced the accused to four months in prison without parole.
According to the medical certificate, Ban Sareth has conditions including diabetes, high blood pressure, abdominal pain, and a history of gallbladder surgery.
The defendant said he will continue to appeal to the Court of Appeal for justice, as he left his matrimonial home more than six years ago and does not consider the charges to constitute a real crime. He said that suddenly he was arrested and he is still seriously ill. RASMEI
Adultery is the act of a married man having sexual intercourse with a woman who is not his wife,
or the act of a married woman having sexual intercourse with a man who is not her husband.
A person commits the offence of adultery if:
• he has sexual intercourse with another woman while he is still married to his wife, and
his marriage is not yet dissolved.
• she has sexual intercourse with another man while she is still married to her husband, and
her marriage is not yet dissolved.
Anyone convicted of the offences in article 6 and article 7 of this law will be sentenced to a term
of imprisonment of between 1 month and 1 year or a fine of between 200,000 riels and
1,000,000 riels, or both.
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