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A quick explainer on the unfolding sex drama in NC [1]

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Date: 2023-06-20  

You may have heard about this: the lawsuit an alleged jilted husband filed against the NC Speaker of the House.

To provide a bit of context/background here:

1. These lawsuits for “alienation of affection” and “criminal conversation” are known as “heart-balm torts.” The term “heart-balm” is used because these suits are supposed to provide some relief (or “balm”) for someone whose heart has been broken by the defendant who is being sued.

2. The suit is a civil action. The plaintiff is not suing for the return of his spouse. He is not suing to have the defendant jailed. He is suing for MONEY.

3. Alienation of affections refers to turning away (or “alienating”) the spouse’s affections from the plaintiff. There does not have to be a romantic or sexual component to the alienating behavior; many NC cases involve defendants who are mother-in-laws (yes, really!).

4. Criminal conversation is the civil term for sexual intercourse with one’s spouse. The criminal term is adultery.

5. To win the case for alienation, the plaintiff has to prove three things: that there was genuine love and affection existing between the plaintiff and their spouse; that the defendant alienated that affection; and damages.

6. To win the case for criminal conversation, the plaintiff has to prove the sexual intercourse, but that doesn’t have to be photographic or eyewitness evidence; in NC, it can be proved by “opportunity” and “inclination.” It looks like both were present in this case.

7. I’m well acquainted with the plaintiff’s lawyers, the wife’s lawyer, and the Speaker’s lawyer. They are all top-notch attorneys with excellent reputations and a good understanding of all the forces at play here. Bring on the popcorn!

8. Bonus factoid/rumor: Speaker Moore is the same fella who allegedly had a romantic relationship with former Democratic Rep. Tricia Cotham and got her to switch her party affiliation a few months ago, thus sinking the Dems’ hopes of keeping NC’s 20 week abortion law in place (it’s now 12 weeks).

What’s really hilarious/ironic is that the NC family law bar has been trying to get rid of these heart-balm torts for YEARS, and the General Assembly keeps slapping them down. Bet they wish they’d outlawed them now, huh?!

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[1] Url: https://www.dailykos.com/stories/2023/6/20/2176605/-A-quick-explainer-on-the-unfolding-sex-drama-in-NC

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