TOKYO (TR) – In a ruling recognizing that sex between same-sex partners is adultery, a court here has ordered a woman, 37, to pay compensation to the husband of her female lover, reports the Asahi Shimbun (March 17).
At the Tokyo District Court on February 16, the court ordered the woman to pay 110,000 yen to the 39-year-old husband of her lover.
In the suit, the husband claimed that the woman and his wife, 35, started having sex after meeting on the internet.
Under Japanese law, a person can be taken to court by the spouse of their partner on grounds of adultery. However, cases involving same-sex partners are not common.
During the trial, the woman claimed that the man was aware of her intimacy with his wife, rendering no harm to his relationship with her. “This was not infidelity,” the defense said.
The man told the court that he consented for his wife to associate with the woman. However, he did not permit them to have sex.
The court said that not just sex but other acts that take place outside of a marriage can disrupt harmony and constitute infidelity.
Same-sex relationship same as marriage
Though same-sex infidelity is rare, the ruling is not a first. Last year, the Tokyo High Court ordered a woman to pay compensation to her female partner for adultery.
The court said that the actions of the defendant harmed their relationship, ruling that a same-sex relationship is the same as marriage.