Criminal conversation
Encyclopedia
Criminal conversation, commonly known as crim. con., is a tort
arising from adultery
.
.
Suits for criminal conversation reached their height in late 18th and early 19th-century England, where large sums, often between £10,000 and £20,000 could be demanded by the plaintiff, for "debauching" his wife. These suits were conducted at the Court of the King's Bench in Westminster Hall, and were highly publicised by publishers such as Edmund Curll
and in the newspapers of the day. Although neither the plaintiff, defendant, or the wife accused of the adultery were permitted to take the stand, evidence of the adulterous behaviour was presented by servants or observers.
A number of very sensational cases were heard in the second half of the 18th century, including Grosvenor v. Cumberland in 1769, where Lord Grosvenor
sued the King's brother, the Duke of Cumberland for crim con with his wife, being awarded damages of £10,000; and Worsley v. Bisset in 1782, where Sir Richard Worsley
lost his case against George Bisset, after it had been found that Sir Richard had colluded in his own dishonour, by showing his friend his wife Seymour Dorothy Fleming
naked in a bath house.
The tort is still recognized in a minority of states in the United States, although it has been abolished either legislatively or judicially in most. The tort has seen particular use in North Carolina. Effective October 1, 2009, the North Carolina legislature made technical changes somewhat narrowing the scope of the tort,
In 2009, the General Assembly
approved legislation which placed some additional limits on such lawsuits. The bill was signed into law by Governor Bev Perdue
on August 3, 2009, and is codified under Chapter 52 of the North Carolina General Statutes:
Each of the three limitations arose from a recent North Carolina legal case involving the tort. In Jones v. Skelly, N.C.App. 2009, the North Carolina Court of Appeals had held that the tort applies even to legally separated spouses. In Mesenheimer v. Burris, N.C. 2006, the North Carolina Supreme Court held that the statute of limitation commences when the affair should have been discovered rather than when it occurred. In Smith v. Lee, 2007 U.S. Dist. LEXIS 78987, the Federal District Court for the Western District of North Carolina noted that the question of whether an employer could be held liable for an affair conducted by an employee on a business trip was still unsettled in North Carolina.
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
arising from adultery
Adultery
Adultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
.
History of criminal conversation
It was based upon compensation for the husband's loss of property rights in his wife, the wife being regarded as his chattel. Historically a wife could not sue her husband for adultery, as he could not be her chattel if she was already his. The tort was abolished in England in 1857, and the Republic of Ireland in 1976. It still exists in parts of the United States, although the application has changed. At least 29 states have abolished the tort by statute and another 4 have abolished it by common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
.
Suits for criminal conversation reached their height in late 18th and early 19th-century England, where large sums, often between £10,000 and £20,000 could be demanded by the plaintiff, for "debauching" his wife. These suits were conducted at the Court of the King's Bench in Westminster Hall, and were highly publicised by publishers such as Edmund Curll
Edmund Curll
Edmund Curll was an English bookseller and publisher. His name has become synonymous, through the attacks on him by Alexander Pope, with unscrupulous publication and publicity. Curll rose from poverty to wealth through his publishing, and he did this by approaching book printing in a mercenary...
and in the newspapers of the day. Although neither the plaintiff, defendant, or the wife accused of the adultery were permitted to take the stand, evidence of the adulterous behaviour was presented by servants or observers.
A number of very sensational cases were heard in the second half of the 18th century, including Grosvenor v. Cumberland in 1769, where Lord Grosvenor
Richard Grosvenor, 1st Earl Grosvenor
Richard Grosvenor, 1st Earl Grosvenor , known as Sir Richard Grosvenor, 7th Baronet between 1755 and 1761 and as The Lord Grosvenor between 1761 and 1784, was a British peer, racehorse owner and art collector...
sued the King's brother, the Duke of Cumberland for crim con with his wife, being awarded damages of £10,000; and Worsley v. Bisset in 1782, where Sir Richard Worsley
Sir Richard Worsley, 7th Baronet
Sir Richard Worsley, 7th Baronet was an English antiquary and politician.- Early life :Worsley was born on 13 February 1751, Appuldurcombe, the son of Sir Thomas Worsley, 6th Baronet . Worsley succeeded his father as baronet on 23 September 1768...
lost his case against George Bisset, after it had been found that Sir Richard had colluded in his own dishonour, by showing his friend his wife Seymour Dorothy Fleming
Seymour Dorothy Fleming
Seymour Dorothy Fleming was an 18th century British noblewoman, notable for her involvement in a separation scandal.-Life:...
naked in a bath house.
Modern usage
The tort of criminal conversation seeks damages for the act of sexual intercourse outside marriage, between the spouse and a third party. Each act of adultery can give rise to a separate claim for criminal conversation.The tort is still recognized in a minority of states in the United States, although it has been abolished either legislatively or judicially in most. The tort has seen particular use in North Carolina. Effective October 1, 2009, the North Carolina legislature made technical changes somewhat narrowing the scope of the tort,
In 2009, the General Assembly
North Carolina General Assembly
The North Carolina General Assembly is the state legislature of the U.S. state of North Carolina. The General Assembly drafts and legislates the state laws of North Carolina, also known as the General Statutes...
approved legislation which placed some additional limits on such lawsuits. The bill was signed into law by Governor Bev Perdue
Bev Perdue
Beverly Eaves "Bev" Perdue is an American politician and member of the Democratic Party currently serving as the 73rd Governor of the U.S. state of North Carolina. She is the first female governor of North Carolina....
on August 3, 2009, and is codified under Chapter 52 of the North Carolina General Statutes:
Each of the three limitations arose from a recent North Carolina legal case involving the tort. In Jones v. Skelly, N.C.App. 2009, the North Carolina Court of Appeals had held that the tort applies even to legally separated spouses. In Mesenheimer v. Burris, N.C. 2006, the North Carolina Supreme Court held that the statute of limitation commences when the affair should have been discovered rather than when it occurred. In Smith v. Lee, 2007 U.S. Dist. LEXIS 78987, the Federal District Court for the Western District of North Carolina noted that the question of whether an employer could be held liable for an affair conducted by an employee on a business trip was still unsettled in North Carolina.