8) These awards often withstand appellate review and as recently as (2014) a state appellate court affirmed a verdict for $9 million in compensatory and punitive damages for alienation of affection and criminal conversation.
14) Thus, affirming compensatory damages for criminal conversation implicitly validates the notion that one has a compensable property interest in one's spouse that is violated even if the adulterous spouse consents.
These affiliations were highlighted by notorious cases involving performers such as the 1739 criminal conversation trial in which the actor Theophilus Cibber sued a gentleman, William Sloper, for adultery with his wife, the actress Susannah Cibber.
This is apparent, for example, in relation to the criminal conversation trial, with which the adultery "panic" of the 1790s has been primarily identified.
Nineteenth-century American criminal conversation cases are highlighted as especially significant because of their close ties to sentimentality, a characteristic that, in Korobkin's view, permeated the courts, the literature, and the daily life of that era.
The example of this observation, Tilton versus Beecher (based on allegations that Beecher, a nationally known minister had seduced Tilton's wife) as a substantial trial in the history of criminal conversation is analyzed in section two of the book.
Thus did the tort of criminal conversation, like coverture and other laws governing sexual relations, contribute to--as well as reflect--the culture's evolving uses of gender.
Turning to nineteenth-century adultery cases in parts two and three, Korobkin takes up her primary subject matter: how the narrative of Criminal Conversation interacted with sentimental fiction.
The specific example here involves the historical origins of criminal conversation as a crime of trespass in which the "facts" of the case required that even the most ardent adulteress be represented as a victim ravished by force of arms.
That Criminal Conversation raises these questions without answering them could be portrayed as either a strength or a weakness.
The law of criminal conversation
, she argues, exemplifies the tendency in nineteenth-century American law to "erase the self-authorizing female voice, substituting a male-authored fictional construction" .
At least three of these consorts--the unidentified Irish lady, Emma Stothard, and Amanda Pauline von Brandt--bore children by him out of wedlock, and when the birth of the Stothard child led to a suit being brought against him for criminal conversation
, the case received wide publicity throughout the British Isles.
The exposure of public sphere assaults on individuals depended on assigning morally questionable intentions to individual or private acts, a dependence also necessary to the trade in criminal conversation
or adultery narratives.
Mark Wahlberg (right) is in negotiations to star in the thriller Criminal Conversation
, based on the 1994 novel by Evan Hunter.
Spacey, who recently finished Pay It Forward with two-year-old HALEY JOEL OSMENT, is to filmThe Shipping News while Softely is committed to Criminal Conversations