Ohiogal
Queen Bee
There is NOT a guarantee that she would be sued but criminal conversation is a strict liability issue. There is a statute of limitation of three years. If she can prove there was an intent for them to remain permanently separated then that is a defense. The problem is, he is with his wife now. The law is very specific. I posted it. If this man wants to do her harm, what better way than having his wife sue her for criminal conversation and alleging harm in the millions of dollars? The fact that she admitted to continuing to text him and FLIRT with him until May even though he was back with his wife is an issue.You really need a consult with a local attorney to see if you are really at risk for an alienation of affection suit. NC is one of the few states that still allow those kinds of suits at all and it not at all guaranteed that you could be sued...let alone that it could be for millions.
Here is another site:
http://www.ricefamilylaw.com/family/alienation-of-affection.htm
Regarding damages:Criminal Conversation
Criminal conversation is a claim brought in civil court against a paramour for having sex with the Plaintiff's spouse. It is based on the belief that a married person has a right to exclusive sexual intercourse with their spouse. You don’t have to prove that husband and wife were genuinely in love so it is a claim that is much easier to prove. In fact, you only have to prove (1) an act of sexual intercourse and (2) that the Plaintiff was married to the adulterous spouse. And you don't have to have direct proof that sex actually occured but rather you merely have to have circumstantial evidence that proves sex occured (usually that there was an inclination on the part of the defendant to have sex with the adulterous spouse and that the defendant and the adulterous spouse had the opportunity to have sex). Therefore, a criminal conversation lawsuit is easier to win than an alienation of affections claim although the two claims are often brought together.
Verdicts
Million dollar verdicts have not been uncommon in North Carolina for alienation of affection and emotional distress. Carol Puryear was awarded $30,162,000 dollars in March 2011 in the case of Puryear v. Devin by Wake County judge Carl J. Fox. In 2010, Cynthia Shackelford was awarded $9 million against her husband’s mistress for ruining their marriage. And that same year a Pitt County court awarded Dr Lynn Arcara $5.8 Million against Susan Pecoraro whom she said stole her husband away from her. Pecoraro had been the wife's closest friend prior to the illicit relationship with the husband. A Mecklenburg County jury awarded $1.4 million in May 2001 to former Davidson College wrestling coach Thomas Oddo against Dr. Jeffrey Presser of West Palm Beach, Fla., after the coach's wife, Debra, left him for Presser (the jury verdict was later reduced by the NC Court of Appeals as excessive). A year 2000 verdict of $86,250 for alienation of affections and $15,000 for criminal conversation in the case of Pharr v. Beck, from Burke county was upheld on appeal. In 1997, in the case of Hutelmyer v. Cox, the Plaintiff wife was awarded $1 million against her husband's secretary who "dressed sexy at work" and had an affair with him destroying their marriage. In May 1991, in the case of Nunn v. Allen, a Richmond county jury awarded $100,000 in damages.
These are a sampling of some of the cases that have been reported in the news and at the appellate courts. Of course there are also an untold number of cases that reach out of court settlements or that are dismissed.
Hence why I asked about the separation agreement. You can't prove the intent was to stay apart permanently because divorce was NOT filed and he did go back to her therefore you need a separation agreement signed by them to show that the intent was to separate permanently. If they didn't sign that, you have a problem.Defenses
Criminal conversation is like a "strict liability tort" in that few defenses exist. An absolute defense now based upon the new statute is to prove that the sex occured after the date the parties were separated. A separation agreement that contains a "third party" waiver may also be used as a defense. Another defense would be that the Plaintiff gave his or her consent to the sexual relationship (known as connivance). Defenses do not include:
Lack of knowledge that the adulterous spouse was married
The marriage was an unhappy marriage
The sex was consensual
The defendant was seduced
The Plaintiff had engaged in adulterous affairs (although that may reduce the damages)
The sex had no effect on the marriage
If the coach wants to fight this, expect your "flirty texts" to come into play to show you were still pursuing a married man.