The Penalty For Adultery (Deuteronomy 22:22-24).
The accusation of the young woman, which was connected with possible adultery, now led on to an overall condemnation of adultery.
‘ If a man be found lying with a woman who is married to a husband, then they shall both of them die, the man who lay with the woman, and the woman. So shall you put away the evil from Israel.'
Where a man, and a married woman who was someone else's wife, were found having intercourse both were to be put to death. By this act they had broken her unity with her husband (Genesis 2:24). They had blasted apart a family. This was in order to put away evil in Israel. Their act was seen as a stain on, and a disruption, the whole community. The man was slain as a corrupter, the woman as one who was misusing her God-given responsibility to be a bearer of legitimate children in order to maintain the family and its inheritance.
Old Babylonian and Middle Assyrian law required a similar penalty, although in certain circumstances it could be ameliorated.
‘ If there be a young woman who is a woman of marriageable age (or virgin) betrothed to a husband, and a man find her in the city, and lie with her, then you shall bring them both out to the gate of that city, and you (ye) shall stone them to death with stones, the young woman, because she did not cry out, being in the city, and the man, because he has humbled his neighbour's wife. So you shall put away the evil from the midst of you.'
A woman who was betrothed who committed adultery was to be treated in the same way as a wife, but only if it had happened in the city and she had not cried out. Houses were built so close together that the likelihood of her not being heard was very small. Note that there is no suggestion of force having been used in contrast with the next case. The man should be stoned because he had humbled his neighbour's wife, the woman because she was deemed to have consented.
Note here that ‘the damsel who is a bethulah betrothed to a husband' is also called ‘his neighbour's wife'. She was a young woman of marriageable age who was betrothed (contracted to her future husband with the marriage price having been paid). She may or may not have been strictly a virgin. Intercourse within a betrothal was acceptable. But she had betrayed her trust.