Criminal conversation, also known as "alienation of affection", refers to a legal term for adultery. The spelling of "criminal conversation" is straightforward, with each syllable pronounced distinctly. It is pronounced as /ˈkrɪmɪnl kɒnvəˈseɪʃən/. The stress lies on the second syllable 'mi', while the third syllable 'nal' has a silent 'n'. The word 'conversation' is pronounced as it appears, with a clear separation between 'conver' and 'sation'. Although not commonly used in modern legal discourse, the term still occasionally appears in some jurisdictions.
Criminal conversation refers to a term primarily used in the context of English common law, particularly in cases related to adultery and marital disputes. It specifically denotes a legal action that allows a spouse to sue a third party for engaging in sexual relations with their married partner. Although the terminology might suggest a criminal offense, it is important to note that criminal conversation is not a criminal charge. Instead, it is a civil lawsuit brought by an aggrieved spouse seeking compensation, often in the form of monetary damages, for the harm inflicted upon their marital relationship.
The concept of criminal conversation traditionally relies on a presumption that the sexual relationship pursued outside of the marriage was non-consensual, even if it was indeed consensual. The intention behind this legal action is to uphold the expectation of fidelity within marriage and to protect the sanctity of marriage itself. However, this notion has been heavily criticized in modern society, as it often places blame on the third party involved and ignores the responsibility of the married partners themselves.
In contemporary legal systems, the majority of jurisdictions have abolished or limited the use of this archaic legal action due to its intrusive nature and outdated views on relationships. However, some regions may retain remnants of this legal concept, albeit with substantial modifications to align with modern values and principles.
The term "criminal conversation" has its origins in English common law and dates back to the 17th and 18th centuries. It is derived from Latin roots.
The word "criminal" comes from the Latin word "crimen" which means "crime" or "offense". Conversation, in this context, does not refer to verbal communication. Instead, it is derived from the Latin word "conversio" meaning "sexual intercourse" or "intercourse". So, "criminal conversation" essentially means "criminal sexual intercourse".
In English common law, "criminal conversation" referred to a tort action filed by a husband against another man for engaging in sexual relations with his wife. The lawsuit was based on the concept of adultery. It was a civil action seeking damages for the marital infidelity and humiliation inflicted upon the husband.