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Although there is generally an expectation for a spouse not to have sexual relations with anyone other than his spouse(s), historically, in most cultures, this expectation was not as strong as in the case of wives, a situation which was evident in legal codes which prohibited adultery, with male adultery often being criminalized only if "aggravating" circumstances existed, such as if he brought his mistress in the conjugal home, or if there was public scandal. The double standard was also evident in divorce laws of many countries, such as the UK or Australia, which differentiated between female adultery, which was a ground of adultery by itself, and male adultery, which was a ground only under certain circumstances. This double standard continues to be seen today in many parts of the world. For instance, in the Philippines, a wife can be charged with the crime of adultery (for merely having one act of sexual intercourse with a man other than her husband), while a husband can only be charged with the related crime of concubinage, which is more loosely defined (it requires either keeping the mistress in the family home, or cohabiting with her, or having sexual relations under scandalous circumstances).

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