Criminal Conversation is simply another word for adultery or extramarital sex. Whereas alienation of affection law protects the right to love and affection in a marriage, criminal conversation law protects the right to sexual exclusivity in a marriage.
To prove a criminal conversation claim, it must be established that the innocent spouse and the adulterous spouse were in a lawful marriage and that during their marriage, extra marital sex occurred between the adulterous spouse and the defendant. The evidence must prove the adultery occurred before the spouses separated.
Videos and photographs are not required as proof although they certainly make the case more compelling. Juries love pictures and videos. However, circumstantial evidence can be used to establish the sex act occurred. That evidence can be text messages or emails, social media posts, witnesses to public kissing or other intimate displays of affection, or evidence that the adulterous spouse and defendant spent time together in a hotel or other place that presented an opportunity for sexual intercourse to happen. Here again, evidence from private investigators is generally the best way to prove the tort occurred.