Adultery drunk and no sex

Hi! I would like to ask legal advise. Wife has photo with a guy not her husband at the motel both of them were covered by blanket but underwear can be seen in the background. They did not have sex. But they were smiling in the photo taken by the guy. The photo was last may of 2017. But 3 days ago, they were caught in the disco bar not alone but seemed like beside each other. Husband is plannin to file adultery against them. Will it be enough evidence?can they be found guilty? How much is the bail? Husband doesnt want to talk to his wife anymore. His lawyer already her wife that complaint will be submitted at prosecutor's office this coming Monday. HELP. HOW CAN THE WIFE PROVE THEY DID NOT HAVE SEX.

What would a married woman be doing in a motel half-naked with a man not her husband?

Don't be stupid.