Recrimination

In the law of divorce. The defense that the plaintiff has been guilty of such a matrimonial offense as is a ground for divorce. At common law only an offense of the same nature as that for which plaintiff sued was available in recrimination (1 Hagg. Consist. 144; 4 Ecc. 360); but in the United States, the courts refuse, in the absence of statute, to measure the comparative turpitude of the several statutory grounds of divorce, and any one may be pleaded in recrimination (21 N. J. Eq. 331; 72 Wis. 136). Recrimination is based on the maxim that suitors in equity must come with clean hands, and, if established, is a complete defense. RECTE (Lat.)

In the civil law. Rightly. Dig. 50. 16. 73. As to the interpretation of this word, see Id.

In Criminal Law. An accusation made by a person accused against his accuser, either of having committed the same offence or another. In general, recrimination does not excuse the person accused nor diminish his punishment, because the guilt of another can never excuse him. But in applications for divorce on the ground of adultery, if the party defendant can prove that the plaintiff or complainant has been guilty of the same offence, the divorce will not be granted; 2 Bish. Mar. & D. 340; 1 Hugg. Cons. 144; 4 Eeel. 300. See 1 Hagg. Eccl. 790; 1 Hagg. Cons. 147; Dig. 24. 3. 39; 4S. 3. 13. 5; 1 Add. Eccl. 411; Redington v. Rcdington, 2 Colo. App. 8, 29 Pac. 811; Compensation; Condonation; Divorce.

See Crime, Criminate.