Crim.Con

An abbreviation for criminal conversation, of very frequent use, denoting adultery, unlawful sexual intercourse with a married woman. Bull. N. P. 27; Bacon, Abr. Marriage (E) 2; Nixon v. Brown, 4 Blackf. (Ind.) 157; 3 Bla. Com. 139. The term is used to denote the act of adultery in a suit brought by the husband of the married woman with whom the act was committed, to recover damages of the adulterer. That the plaintiff connived at or assented to his wife's infidelity, or that he prostituted her for gain, is a complete answer to the action. But the fact that the wife's character for chastity was bad before the plaintiff married her, that he lived with her after he knew other men, or that the plaintiff had been false to his wife, only go in mitigation of damages; Sanborn v. Neilson, 4 N. H. 501; Sherwood v. Titman, 55 Pa. 77; as will the fact that the wife willingly consented or threw herself in the way of her paramour; Ferguson v. Smethers, 70 Ind. 520, 36 Am. Rep. 186. The wife cannot maintain an action for criminal conversation with her husband; and for this, among other reasons, because her husband, who is particeps orimints, must be joined with her as plaintiff. But the husband may maintain the action after a divorce granted; 2 Bish. Marr. Div. & Sep. § 727; Ratcliff v. Wales, 1 Hill (N. Y.) 63. This action is rare in the United States, and has been abolished in England by 20 & 21 Vict. c. 85, § 59. The husband may, however, in suing for a divorce, claim damages from the adulterer; 3 Steph. Com. 437. The right to an action for damages is not barred by the fact that the act was done by violence, and that a criminal action will lie; Egbert v. Greenwalt, 44 Mich. 245, 6 N. W. 654, 38 Am. Rep. 2U0. See 15 Am. L. Reg. (N. S.) 451. That the defendant was ignorant that the woman was married is immaterial; Wales v. Miner, 89 Ind. 119; 4 C. & P. 499.

An abbreviation for “erim- {nal conversation,” of very frequent use, denoting adultery.