Criminal Conversation Defenses

As in defenses against allegations of alienation of affection, a defendant may give evidence that the statute of limitations has passed or that the married spouses were already separated when the extra-marital sex occurred. The defendant may also claim “contrivance.” Contrivance is when the plaintiff gives consent to the sexual conduct.

Some of the defenses against alienation of affection are not available to the defendant for criminal conversation. The defendant cannot claim he or she did not know about the marriage or that the marriage was already in trouble.