What Is Criminal Conversation?
Criminal conversation is a tort or civil wrong involving sexual intercourse with someone who is married, brought as a suit 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 bring suit in a court of law for monetary damages. Two possible defenses to the suit are that the innocent spouse consented to the sexual activity, or the partners were separated with clear intent to divorce. To prove a case for criminal conversation, the innocent spouse must be able to document sexual intercourse outside the marriage and the suit must be brought within the statute of limitations prescribed by law. Defenses such as an unhappy marriage and adulterous behavior on the part of the innocent spouse are usually not considered by the court. As discussed above, courts will consider defenses that the innocent spouse consented or wa
