Decriminalizing Adultery in South Sudan

As South Sudan emerges from the shadows of conflict, it faces an opportunity to redefine justice for its citizens. Among the many archaic laws that threaten this vision of justice, the criminalization of adultery stands as one of the most insidious.

Rooted in patriarchal control, this law perpetuates gender inequality and subjects women to disproportionate violence, social exclusion and legal oppression.

Decriminalizing adultery is more than a legal reform — it is an urgent human rights and feminist demand for the autonomy, dignity and rights of women across the nation.

A tool of control over women

In South Sudan, adultery is criminalized with severe consequences — including fines, imprisonment, public humiliation and even death in extreme cases.

Article 266 of the Penal Code defines adultery as “…consensual sexual intercourse with a man or woman who is and whom he or she has reason to believe to be the spouse of another person.”

While the law ostensibly applies to both men and women, its application is deeply skewed. Women are the primary victims, as societal norms place the burden of sexual morality almost exclusively on them.

This law serves as a tool that polices women’s bodies and reinforces their subordinate status. Women accused of adultery face not only the threat of legal punishment but also societal ostracization, domestic violence and even “honor” killings.

For men, the consequences of adultery accusations are far less severe. The patriarchal system affords them protection, allowing them to evade accountability while maintaining control over women’s lives.

This gender bias is exacerbated by the lack of access women have to legal representation and the discriminatory burden of proof, which often presumes their guilt. In this way, the law institutionalizes the violence and inequality women experience daily.

Polygamy and adultery: A paradox

One of the most glaring contradictions within South Sudan’s legal framework is the contrast between polygamy’s legal sanction and the criminalization of adultery.

With the responsibility of moral conduct regarding family and sexual norms disproportionately on women, it enforces traditional roles and limits women’s autonomy.

Laws like the criminalization of adultery are enforced in a way that reinforces these roles, pressuring women to conform to stringent standards while giving men more leniency. This legal and social setup not only restricts women but also ingrains inequality as a cultural norm.

Polygamy enables men to marry multiple women freely, yet women accused of adultery face severe penalties. This double standard primarily targets women, subjecting them to criminal trials, punishment and societal condemnation.

Decriminalizing adultery would remove this discriminatory practice and protect women’s rights.

Breaking free from patriarchal chains

The continued criminalization of adultery is incompatible with South Sudan’s stated commitments to gender equality and human rights. It violates women’s rights to autonomy, privacy and dignity — basic principles enshrined in international human rights law.

The United Nations Human Rights Committee has already called for the abolition of adultery laws globally, recognizing their inherent discrimination against women.

From a feminist as well as a human rights perspective, decriminalizing adultery is not only about legal reform — it is a rejection of patriarchal control over women’s sexuality. It represents a challenge to a legal system that uses women’s bodies as battlegrounds for moral superiority.

This move is about reclaiming agency, ensuring that women have the right to make choices about their bodies without fear of legal or social retribution.

A call for compassionate justice

Opponents of decriminalization often claim that the law protects family values and the sanctity of marriage. However, in reality, the criminalization of adultery erodes the very foundations of family and community.

When women are prosecuted for adultery, their families are torn apart — not preserved. Marriages end in divorce, children are separated from their mothers and women are left with the lifelong stigma of being branded as immoral. This law, far from upholding family values, weaponizes morality to control women.

Instead of punitive legal measures, South Sudan should embrace compassionate justice — one that acknowledges the complexity of marital disputes and prioritizes mediation, counselling and reconciliation over criminal prosecution.

Family dynamics and cultural values can still be respected without the state’s interference in personal matters that disproportionately affect women.

Global lessons in gender justice

South Sudan is not alone in facing these issues. Many countries have successfully decriminalized adultery without the feared collapse of social morality.

In fact, legal reforms in other countries have demonstrated that decriminalization strengthens gender equality, upholds human rights and promotes social stability.

In India, for example, the Supreme Court in 2018 struck down Section 497 of the Indian Penal Code, which criminalized adultery, recognizing it as discriminatory against women.

In Mexico, in 2011 the country’s Supreme Court declared adultery laws unconstitutional in several states, resulting in decriminalization across much of the country.

And Benin and Mali, both countries in Africa, have decriminalized adultery as part of broader reforms to promote gender equality. In 2022, Benin repealed adultery laws, while Mali’s decriminalization efforts aimed to align with international human rights standards.

The importance of learning from other nations

South Sudan should learn from these global examples and reframe its legal system to reflect a more equitable future.

By decriminalizing adultery, the country can send a powerful message to the world: That it is committed to building a society where women are no longer punished for seeking autonomy over their lives.

Civil society, women’s rights organizations and feminist activists have a crucial role to play in this transformation. They can build the momentum necessary to drive change by raising awareness, engaging in legal advocacy as well as pushing for gender-responsive lawmaking.

Most importantly, women’s voices must be centered in these efforts — particularly those of women from marginalized and rural communities, who are most affected by these draconian laws.

Conclusion: A just future, at long last

The criminalization of adultery in South Sudan is a relic of a patriarchal past that has no place in a just society. It is a stark reminder of the entrenched gender inequalities that persist in South Sudan’s legal framework.

As the country takes steps toward rebuilding its society, now is the time for global allies to support this pivotal shift toward justice and equality. International human rights advocates, policymakers, and grassroots organizations can play a critical role by amplifying South Sudanese voices pushing for change.

Whether through raising awareness, supporting local advocacy, or partnering with women’s rights groups in the region, global actors can help sustain momentum.

By standing with those fighting for decriminalization, we can make a powerful statement that a fairer, more inclusive legal system benefits everyone.

Recommended reading:

Human Rights Watch (HRW). (2017). No Safe Place: Crimes Against Women in South Sudan’s Conflict. Available at: https://www.hrw.org/

International Commission of Jurists (ICJ). (2020). Women’s Access to Justice in South Sudan: Identifying the Gaps and Challenges. Available at: https://www.icj.org

Maputo Protocol. (2003). Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa. Available at: https://au.int/en/treaties

South Sudan Penal Code. (2008). The Penal Code Act 2008 Southern Sudan. Available at: https://www.warnathgroup.com/wp-content/uploads/2015/03/South-Sudan-Penal-Code-TIP-Articles.pdf

Transitional Justice Working Group (TJWG). (2022). Legal Reforms and Transitional Justice in South Sudan: Priorities for Gender Equality. Available at: https://www.tjwg.org/

United Nations Human Rights Committee. (2013). General Comment No. 28: Equality of Rights Between Men and Women (Article 3). Available at: https://www.ohchr.org/

United Nations Population Fund (UNFPA). (2018). Gender-Based Violence in South Sudan: A Quantitative Analysis. Available at: https://www.unfpa.org/