I have questions concerning (i) Alienation of Affection and (ii) Criminal Conversation. I am in the middle of a divorce and scheduled for mediation November 27, 2007 in NC. My estranged spouse has been dating a man since the beginning of September this year. They have traveled/vacationed at least once together during this time in September. I have no physical evidence they had intercourse during their vacation; however, it would appear reasonable that two adults, in a new relationship, occupying the same hotel room during their vacation would engage in intercourse or temporarily cohabitate.
Regarding Criminal Conversation, the plaintiff has to provide evidence that (1) an act of intercourse, amongst other things occurred. What constitutes reasonable evidence? Would proof of rooming together in a hotel room (i.e. one hotel room receipt for two people during occupancy, breakfast food receipt for room delivery) during a vacation qualify as reasonable evidence or a corroborating evidence of an act of intercourse or temporary cohabitation? If not, what would be reasonable evidence other than pictures of an intercourse act or DNA?