Criminal conversation

This article is about the legal tort. For the 1994 novel, see Criminal Conversation.
Crim. Con, a cartoon of Sir John Piers and Lady Cloncurry witnessed in an embrace by the painter Gaspare Gabrielli. The caption claims that the sketch "has been valued by 12 Connoisseurs at Twenty Thousand pounds!", a satirical allusion to the sum awarded to Lord Cloncurry by the jury in the ensuing criminal conversation court case of 1807.
Part of the common law series
Tort law
(Outline)
Trespass to the person
Property torts
Dignitary torts
Negligent torts
Principles of negligence
Strict and absolute liability
Nuisance
Economic torts
Defences
Liability
Remedies
Other topics in tort law
By jurisdiction
Other common law areas

At common law, criminal conversation, often abbreviated as crim. con., is a tort arising from adultery. "Conversation" is an old euphemism for sexual intercourse that is obsolete except as part of this term.[1][2]

It is similar to breach of promise, a tort involving a broken engagement against the betrothed, and alienation of affections, a tort action brought by a spouse against a third party, who interfered with the marriage relationship. These torts have been abolished in most jurisdictions. The tort of criminal conversation was abolished in England and Wales in 1857; in Northern Ireland in 1939; in Australia in 1975;[3] and in the Republic of Ireland in 1981.[4][5] Prior to its abolition, a husband could sue any man who had intercourse with his wife, regardless of whether she consented – unless the couple was already separated, in which case the husband could only sue if the separation was caused by the person he was suing.[6]

Criminal conversation still exists in parts of the United States, but the application has changed. At least 29 states have abolished the tort by statute and another four have abolished it judicially.[7] The tort of criminal conversation seeks damages for the act of sexual intercourse outside marriage, between the spouse and a third party.[8] Each act of adultery can give rise to a separate claim for criminal conversation.

  1. ^ "conversation, n.". Oxford English Dictionary (Online ed.). Oxford University Press. (Subscription or participating institution membership required.)
  2. ^ Collins English Dictionary. conversation.
  3. ^ Family Law Act 1975, Section 120.
  4. ^ Urquhart, Diane (October 1, 2013). "Irish Divorce and Domestic Violence, 1857–1922". Women's History Review. 22 (5): 820–837. doi:10.1080/09612025.2013.767101. S2CID 143829004.
  5. ^ Urquhart, Diane (October 30, 2012). "Ireland's criminal conversations". Études irlandaises (37–2): 65–80. doi:10.4000/etudesirlandaises.3162 – via journals.openedition.org.
  6. ^ Irish Legal News (2018-08-31). "Irish Legal Heritage: Criminal Conversation – Irish Legal News". Irishlegal.com. Retrieved 2018-12-21.
  7. ^ Gallo, Nancy R. (2004). Introduction to Family Law. Clifton Park, N.Y.: Thomson/Delmar Learning. pp. 131–132. ISBN 1-4018-1453-0.
  8. ^ Bruton, H. Hunter (January 2016). "The Questionable Constitutionality of Curtailing Cuckolding: Alienation of Affection and Criminal Conversation Torts".