In this day and age, I doubt you’re going to slip by ANY judge with that claim… we all know that two women can find perfectly sexual and intimate ways of “getting it on” and the legal definition is definitely evolving to include homosexual activities.
You want to have the right to have a same-sex marriage recognized, but not the responsibility of accepting it when you screw up and have an affair?? That’s kind of underhanded.
I don’t know if the larger gay community would side with you on this one…
Hmmm…I read this post after responding to earlier posts. I didn’t realize your affair was with a women (so substitute “him” for “her”). I don’t think it matters as far as the act goes. The AofA doesn’t include sex. And CC does, but the definition in your case can be blurred, but I don’t think that tecnicality will work either if he has pictures and such.
I still stand by my previous advice about seeing if he actually files suit. He may be trying to scare you as well as embarass you with the knowledge of the affair. If he does file, THEN you need to start thinking about retaining a good lawyer.
We will be contacting a very high profile attorney tomorrow who is very well known in the community. I spoke today with an aquaintance who is an assistant DA and she reccomended this attorney. I would still like to find the legal definition of Criminal Conversation. The DA said infact, that if the definition says “intercourse” that it obviously cannot apply to my case, being that we are both women.
And to the response to the previous post (from Ivyalmighty) stating that “we want equal rights and gay marriage but when we mess up, we don’t want to claim the responsibility”
Well, “we” do NOT have equal rights, and do NOT have the right to marry. Society treats us different as well as the legal system. So, until “we” have equal rights then all the “straight” rules don’t apply!
I would tend to think that whether it was actual “intercourse” or not, you two still had an intimate relationship that society would consider sex. I do not think that just because the two of you are female that the judge will not consider the fact that you two had “intercourse” the only way you possibly could. Whether you want to call it “intercourse” or not, you two did have it.
I looked up the definition at Wikipedia.com for you…it states,
“Sexual intercourse is also defined as referring to any form of insertive sexual behavior, including oral sex, as well as anal intercourse.”
Although, with more research on the Wikipedia.com page I also found this: “Often a community adapts its legal definitions during case laws for settling disputes. For example, in 2003 the New Hampshire Supreme Court ruled that same-sex relations do not constitute sexual intercourse, based on a 1961 definition from Webster’s Third New International Dictionary, in Blanchflower v. Blanchflower, and thereby an accused spouse in a divorce case was found not guilty of adultery based on this technicality.”
I guess it will all depend on the judge you get and how well your attorney presents your case. I do, however feel that you are trying weasel your way out of admitting wrong doing. I don’t think it matters if a man/woman cheats with a man or woman, it is still adultery and they should be punished accordingly.
Also, I don’t understand how you can say that “straight rules” don’t apply. I would tend to think this was more of a “moral rule” that would apply since these are indeed laws we are supposed to abide by. Do you not call it sex when you have an intimate relationship with a woman? Did you know what you were doing was wrong? Of course, so when you were doing whatever you want to call it, you knew you were breaking the law that EVERYONE is supposed to follow no matter if you are gay, straight, black, white,or yellow. So, maybe technically because you happen to be gay the rules just might be bent for you, but just know that what comes around goes around and someone else might just do this to you and get away with it because of a technicality.
I wish you luck with your lawyer.
Let us know what she/he says about the ‘technicality’.
This is the NC General Assembly Statute. Notice that there is no mention of the word “intercourse” used in this. Adultery and Criminal Conversation are the same thing.
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“basically anything other than missionary position sexual intercourse between a husband and wife is considered illegal in NC.”
Boy! How many of US would be in jail if that were strictly enforced? YIKES [:0]
Sorry…Had to imput there. Such a stupid law.
I apologize for how I may have sounded when I said “straight rules don’t apply”
I was responding in frustration to the response from Ivyalmighty. It’s just that we are not given the same rights or treated equally, so when intercourse is defined as between man and woman, I do not fall into that definition.
Jody - Understand your nerves about the situation spilling over. And for my side, I guess I was coming from the corner that, if you want the lifestyle to be accepted by the heterosexual world, you might as well start playing by their rules. Otherwise, it’s a stalemate. And so you know, I’m sympathetic to the gay rights movement (I better be, my super-best friend is gay) so I wasn’t trying to question the lifestyle choice or anything like that.
Can an attorney share with me the exact NC statute regarding Criminal Conversation, and its difiniton? Where can I find the statute online or in a library?
Thanks
Dear jodybitzz:
Greetings. Here is where you can find information on criminal conversation - let me know if you need more information:
rosen.com/ppf/ID/37/alien.asp#conversation
Interesting…yes, I think that the claim can still be pursued. Let’s look at the statute and I will get back to you again tomorrow with a definitive answer.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
I am a female, who had an affair with a married woman. The now ex husband is filing charges for alienation of affection and criminal conversation. What is the North Carolina legal defination of criminal conversation, and where can I find it?
From what I understand, criminal conversation is the act of having intercourse with the married party. Since I am female, as well as the other party, it is impossible for me to have “intercourse” with her. So can the charge of criminal conversation be upheld?