Criminal Conversation is Recognized as a Cause of Action in Texas

The Texas Supreme Court case, Felsenthal v. McMillian, held that criminal conversation may be maintained as a cause of action independent of the cause of action for alienation of affections. Criminal conversation, as it arose under the common law, provides plaintiff-spouses with a civil cause of action against an adulterous-spouse’s partner. The author notes, damages for criminal conversation are based on interference to the plaintiff-spouse’s exclusive right to have sexual relations with his or her spouse. Also, the author disagrees with the court and supports the merger of criminal conversation and alienation of affections causes of action to more realistically reflect the condition of the martial relationship after and adulterous act. Such a cause of action would be simpler, and it would eliminate recoveries by plaintiff-spouses where the marital relationship was not significantly disturbed by the adulterous act.