What if BOTH parties have had sex? Can both sue?


#1

What if one spouse had sex prior to the separation…and the other had sex a couple weeks after separation. Can both spouses sue the 3rd parties for Criminal Conversation?

And is staying overnight (along with proof of kissing) enough evidence to sue for CC? If not, exactly what kind of proof must be obtained?

Thanks!


#2

Technically, yes, they can both sue the respective 3rd parties. Although an overnight stay alone doesn’t constitute sole proof of guilt, combining it with other information like photos of kissing, admissions, etc can help prove that there was both opportunity AND inclination. You’d need to speak with an attorney to determine how solid the case would be.


#3

Yes. In each case the burden of prove lies with the plaintiff who must prove that sexual intercourse occurred. The proof of kissing would be good evidence the parties had the inclination to have sexual intercourse, the opportunity portion can be presented by evidence of overnight stays together. Ultimately it is up to the jury to decide whether it is more likely than not that the act occurred.