In North Carolina, individuals can still be sued for “Alienation of Affections” and “Criminal Conversation.” Without going into the exact legal terms, “Alienation of Affection” is where there is a marriage existing, with love and affection, and a third party, knowing of said love and affection destroys that love and affection. “Criminal Conversation” is having sex with a married person, while they are married.
North Carolina also recently passed a “Revenge Porn” Statute that allows for up to $10,000.00 in liquidated damages. Revenge Porn (or as it is officially entitled “Disclosure of Private Images”), occurs when a person knowingly discloses an image of another person, with:
- nefarious intent
- the person is identifiable
- intimate parts are exposed OR sexual conduct is depicted (the definition of sexual conduct includes the phrase “bizarre costume” in the statute), without the consent of the depicted person.
In September 2019, a jury awarded Ms. Clark 3.2 million dollars in her suit against her ex-husband and his girlfriend. The girlfriend was ordered to pay $1.2 million, for alienation of affection, intentional infliction of emotional distress, punitive damages. Mr. Clark was ordered to pay $2 million for libel, intentional infliction of emotional distress, and punitive damages. $10,000.00 was awarded for the revenge porn.
According to N.C. Lawyer’s Weekly, the actions of Mr. Clark and the girlfriend, which led to the judgments were extreme:
“They posted an ad on Craigslist, with Elizabeth’s name and work address, which claimed that Elizabeth had an STD and wanted people to contact her for sex. They also posted her nude photos on social media, called her “white trash” and a “whore,” and said she had an eating disorder, according to her attorneys.”
If you have any questions on this topic or any other family law topic, please contact Libby James at firstname.lastname@example.org or 704.377.7213
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Since 2005, Libby James has dedicated herself to assisting individuals with delicate, personal legal matters. Ms. James practices family law with an emphasis on alimony, post-separation support, equitable distribution, separation agreements, premarital agreements, child support, child custody, contempt motions, qualified domestic relations orders, name changes and domestic violence protective orders and appeals.
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