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Criminal conversation, or adultery, is a civil act where the innocent spouse can sue for damages. Defenses include consent or separation. It is an outdated tort in many regions, replaced by no-fault divorce laws. Damage awards vary based on the length of marriage and situation. Emotional alienation is a related offense.
Criminal conversation is a tort or civil act involving sexual intercourse with someone who is married, brought in a lawsuit against the extramarital partner. Otherwise known as adultery, criminal conversation does not remain in the legal code of very many regions. In regions where it is still considered a tort, it is possible for the innocent spouse to sue in court for pecuniary damages. Two possible defenses to the lawsuit are that the innocent spouse consented to the sexual activity, or that the partners were separated with the clear intent to divorce.
To prove a felony conversation case, the innocent spouse must be able to document sexual intercourse outside of marriage, and the action must be brought within the statutory statute of limitations. Defenses such as an unhappy marriage and adulterous behavior on the part of an innocent spouse are usually not considered by the court. As discussed above, courts will consider defenses that the innocent spouse consented or was involved, as is the case with people who are in an open marriage or cases where one partner acts as a pimp for the other.
In many regions, criminal conversation is considered an outdated tort and has been canceled from the legal code or remains, but is never enforced. This has accompanied a change in divorce law as attitudes about legislative morality have changed. For example, many regions have enacted no-fault divorce laws, which allow people to dissolve a marriage without having to prove that either spouse has committed wrongdoing. Under laws that require proof of guilt, people must provide evidence in the form of proof of adultery or abuse in order to separate. No-fault laws have become the norm in most regions.
Damage awards in criminal conversation suits vary. The court generally considers the length of the marriage and the precise nature of the situation. Someone who comes across a partner having sex with someone else, for example, may receive greater damages on the grounds that emotional pain and suffering would have been increased by seeing the act happen. In areas where adultery is no longer considered a tort that would entitle the innocent party to compensation, such actions cannot be brought, although in a divorce where adultery is involved and there is a prenuptial agreement, the adulterous spouse may be forced to give up part of the settlement.
A related concept is the alienation of affect. Emotional alienation is also an obsolete offense in many regions. This involves attempts to separate or alienate a couple, without the presence of sexual relations outside of marriage. Someone who encourages a person to leave a partner, for example, could be charged with alienation. If a court case is filed for this particular tort, damages can be awarded to the innocent spouse.
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