犯罪的谈话

Criminal conversation is a tort action against a person who has sex with your spouse without your consent. This is a claim that is recognized in a h和ful of states. 一位经验丰富的家庭法律律师, 比如皇冠足彩网的那些, can help with the intricacies of such a unique cause of action. 

To describe a little more about a criminal conversation claim, here is some additional information. You have three years from the date of the sexual encounter to bring the action. This does not include any sexual encounters that have occurred after the date of separation. You are asking—usually a jury—to award you money damages. 陪审团裁决的金额各不相同, as they can consider multiple factors – loss of companionship, 服务丢失, 害怕性传播疾病, 损害家庭荣誉, 精神痛苦, 和羞辱. 

细枝末节, a criminal conversation claim requires proof of three elements to be successful. These include: (1) an actual legal marriage between the plaintiff 和 the allegedly adulterous spouse; (2) sexual intercourse between that adulterous spouse 和 the defendant during the legal marriage; 和 (3) the sexual intercourse must occur before the date of separation of the married spouses. 

For a hypothetical example with hypothetical names, Ethan Johnson 和 Beth Johnson of High Point are legally married. 他们结婚几年了, Beth learns that Ethan has been sleeping with their next door neighbor, 塔米·菲利普斯(假名). Beth can file a suit against Tammy for criminal conversation. All of the above mentioned elements are met: Ethan 和 Beth were legally married, Tammy 和 Ethan had sex while Ethan was still married to Beth, 和 Beth 和 Ethan had not separated at the time of the sexual intercourse between Ethan 和 Tammy.  

However, if you change the facts a little bit, you get a different outcome. Ethan 和 Beth decided to file for divorce 和 Ethan moved out into his own apartment. A few months later, Ethan began having a sexual relationship with Tammy. In this case, Beth would not be successful in a criminal conversation suit against Tammy. Although Ethan 和 Tammy’s sexual relationship took place while Ethan 和 Beth were still legally married, Ethan 和 Beth were already separated at this point. Any acts performed after separation cannot be the basis for a criminal conversation claim. Therefore, timing is a critical element in dealing with such causes of action.

One difficulty in pursuing a claim for criminal conversation is proving the second element – the sexual relationship. This is more commonly confirmed with detective evidence. However, in North Carolina, this can also be presumed from the circumstances. Two conditions must be proved in order to presume adultery: (1) the plaintiff must prove an adulterous disposition or inclination of the parties; 和 (2) the plaintiff must prove that there was an opportunity created to satisfy the parties’ mutual adulterous inclinations. Having hard evidence obtained by a detective of a sexual relationship between the two parties is easier 和 more definitive than trying to presume adultery. 

You may also be accused of criminal conversation 和 need a defense. There are many counterclaims 和 defenses. 立即预约. 你可能需要我们.