Criminal Conversation


#1

In reference to Criminal Conversation, could you please explain what constitutes a valid defense, if there is one.

If the wife/exwife ( parties separated , divorce not final ) knows her ex is living with another woman and has done so for a year , and during that year allows their child ( age 14 ) to visit several times a week , the wife/ exwife takes money from the girlfriend for the child ( Dad was broke ) etc - would that constitute acceptance of the relationship and hinder any type of lawsuit should one be filed ?

It would seem malicious and mean to me to accept money, allow visits, then after a year file a law suit . Would that be a consideration in this situation or would it even matter where law is concerned ? We moved in together in March 2009, before the new law was enacted.

My sincerest thanks for your time in answering this question,
Sierra


#2

Criminal conversation is a strict liability tort, meaning the only defense, is that it did not happen.