Question from a reader:
Can I claim damages if I have been cheated on?

Can I claim damages if I have been cheated on?

Hello everyone. Today, I would like to talk about a very delicate and important topic. It concerns “infidelity” and “damages.” Those who have been cheated on often face not only emotional pain but also legal issues. Is it
actually possible to claim damages for the mental anguish caused by infidelity? In this blog, I would like to explore this possibility from a legal perspective.

What is infidelity? Legal definition

First, before considering infidelity, it is important to understand its legal definition. Generally, it refers to acts of betrayal against a spouse or partner. However, legally, it is categorized as “adultery.” Adultery refers to having sexual relations with someone other than a spouse or partner, which is an act that betrays the trust in a marital or romantic relationship. Now, let me give you an example from a friend’s story. He was married and one day discovered that his wife was cheating on him. He was tormented by feelings of anger, sadness, and betrayal. Thus, he began to seriously consider how to deal with this situation.

Possibility of claiming damages

Now, back to the main topic. Can you claim damages if you have been cheated on? To put it simply, yes, it is possible. However, there are several conditions that must be met.

1. Proof of adultery

First and foremost, you need evidence that infidelity occurred. This is the most crucial point. To be legally recognized, you must present evidence that the other party committed adultery. Evidence can include emails, message exchanges, witness testimonies, and even investigation results from a private detective. In my friend’s case, he checked his wife’s smartphone and found messages with the person she was cheating with. Having this evidence allowed him to take the first step toward claiming damages.

2. Proof of emotional distress

Next, you need to prove how much emotional distress you suffered due to the infidelity. Specifically, medical certificates or counseling records can be effective. It is important to gather evidence that shows the impact on your mental health. Here, I would like to mention a difficult point my friend faced. Initially, when the infidelity was discovered, he became too emotional and hesitated to seek counseling. However, he later realized that he needed counseling records to legally prove his emotional distress and took action immediately. Thus, it is important to remain calm and gather evidence.

Process of claiming damages

Now, let’s explain the process of actually claiming damages.

1. Start with a discussion

The first step is to have a discussion with the other party. It can be difficult to have a conversation when emotions are running high, but it is important to understand the situation calmly. My friend also went through this step; although he was initially emotional, he calmed down and was able to find a solution by discussing it with the other party.

2. Sending a certified letter

If the discussion does not progress or if the other party does not respond sincerely, sending a certified letter may be considered. This allows you to formally communicate your intentions and claims.

3. Considering legal action

If a resolution is still not reached, it is advisable to consult a lawyer. Lawyers are professionals who can support you through legal procedures, so you can trust them to handle your case. Of course, there will be legal fees, but if your claim for damages is successful, you may receive an amount greater than those costs.

Impact of infidelity

Infidelity is not just an act of betrayal; it has very deep psychological and emotional effects. My friend, after discovering the infidelity, was unable to concentrate on work for a while, and it affected his overall life. Such emotional wounds may heal over time, but the process can be very painful. Sometimes, he regrets thinking, “If only I had acted sooner.” However, this is precisely why it is very important to have knowledge about legal measures and rights when faced with infidelity.

Amount of damages

Finally, regarding the amount of damages, this varies case by case. Generally, it ranges from hundreds of thousands to millions of yen, depending on the extent of the emotional distress suffered by the victim and the nature of the infidelity. In my friend’s case, because he had solid evidence, he was ultimately awarded 1 million yen in damages.

Conclusion

Infidelity is a very painful experience, and healing takes time. However, there is a possibility to protect your rights through legal procedures. If you or someone around you is suffering from infidelity, please consult a legal expert. And don’t forget to take care of your mental health. The issue of infidelity may seem difficult to resolve at first glance, but by following the appropriate procedures, it is possible to make a fresh start. I hope to help you move forward, even just a little, while being mindful of your feelings.