A Japanese court ruled against a woman who was trying to claim compensation from her husband’s mistress. The court said since the mistress was a waitress and the husband her client, the affair was a business transaction. The waitress only slept with him to retain him as a client, it was in business interests to do so.
Basically, a Japanese court said it is okay to cheat on your spouse as long as there are some monetary/business benefits. This precedent could also apply to prostitution, a more direct type of sexual business transaction.
Some legal and judicial experts worry that this case will justify extramarital affairs under what the judge called, ” makura eigyo”, which loosely translated means “pillow sales tactic”. Which usually refers to hostesses who enter into a sexual relationship with customers to ensure they continue to visit.
The wife’s lawyer, Katsuyuki Aoshima, said the ruling could harm future legal actions against suspected adulterers. “Citizens should discuss whether compensation should be made by a hostess having a sexual relationship with a married man,” the Guardian quoted. “A judgment like this case shouldn’t be set as a new standard without clear and logical reasoning.”
Other legal experts rounded on the ruling, saying it deviated dramatically from precedents that require defendants to pay compensation to a wronged spouse if they were aware that their lover was married at the time of the affair.
The decision was handed down in April 2014, but since the wife did not appeal the judgement, the case has been finalised. There is a possibility this may affect future trials involving relationships between men and women since the wife did not appeal it.