LAW 667 Lecture Notes - Lecture 7: Criminal Conversation, Void Marriage, Statutory Rape
8 Jun 2020
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1. Getting Married
a. Problem 3 (p. 178)
i. Depends on the state statute and if it includes consanguinity or
affinity or both.
ii. Likely would not be able to assert a Constitutional claim
iii. What could they do? Move to a state that allows their marriage.
1. Problem with this?
a. Some states have marriage evasion acts. This means
that if someone moves to another state to get around
marriage laws and then move back, the marriage is
null and void.
b. “Heart Balm” Torts
i. Common law torts, abolished by statute and judicial decision in all
but a few states:
1. Breach of promise to marry
a. Illinois approach (pretty common) – If a planned
wedding is cancelled and the cancelling party is at
fault, actual out of pocket expenses are to be paid to
the victim. No damages for embarrassment, loss of
status, etc…
2. Seduction
a. Not a thing anymore
b. If the victim is a minor, that’s already a crime
(statutory rape)
3. Criminal conversation
a. No longer a tort
