Adultery in the Courts: Damages for Criminal Conversation in Ireland

Abstract

This paper examines the civil action known as criminal conversation or 'Crim Con'. This allowed a husband to obtain damages from his adulterous wife's lover. No similar action existed for women whose husbands engaged in adulterous relationships. The crim con action ceased to exist in England after 1857 but continued to be available -- and used -- in Ireland until the late 20th century. This paper examines the evolution of the action from the eighteenth to the twentieth centuries, its shifting rationale, its increasing popularity among the middle classes, and the nature and purpose of the damages awarded.