Could Fantasia Barrino's Sextape Get Her Sued for Alienation of Affection or Criminal Conversation?

Fantasia Barrino's sextape is burning up the rumor mills. The video of Fantasia Barrino with a married man could quite possibly get her sued. The former American Idol winner lives in the state of North Carolina, and as such could be subject to nasty legal proceedings if the jilted soon-to-be-ex-wife of the singer can prove that her husband's "relationship" with the singer contributed to the demise of their marriage.

And hell hath no fury like a woman scorned, so I wouldn't be very shocked to see a lawsuit filed for alienation of affection within the North Carolina court systems.

North Carolina Law - Alienation of Affection

According to Hatcher Law Group in Charlotte, NC "Alienation of Affections is a civil action against a third party lover for that lover's conduct that deprived the plaintiff of the love and affection that previously existed between Plaintiff and his or her spouse. The Plaintiff does not have to show evidence of adultery."

So this means that Fantasia's lover's wife doesn't have to prove that there was an affair, just that she lost affection because of the action.

Furthermore, the Law Group goes on to say that defenses that exist against these claims are that love and affection did not exist between the spouses. To me, this sounds like a hard one to prove. Obviously the ex-wife is going to say that there was affection, and the man is going to say there isn't.

North Carolina Law - Criminal Conversation

Before going too far in to detail, Criminal Conversation is not a criminal offense - it is a civil offense. This means that Fantasia Barrino, if accused of and sued for criminal conversation, will not go to jail or have a criminal record as such.

Criminal Conversation involves adultery, and as such the sextape videos of Fantasia Barrino and the married man would likely be enough evidence to at least make this type of case stronger. Defenses to Criminal Conversation include Connivance.

What about Fantasia Barrino?

Fantasia Barrino may be up a creek without a paddle, so to speak - or through the help of legal assistance could get out of trouble quite easily. I'm no legal expert, but the North Carolina law seems daunting to me. I would be afraid to have a sextape with a married man if we were both residents of North Carolina. Still, the woman may decide not to sue. That may not be the case, as she's been named a party in the divorce proceedings.

Then again, maybe the world would be a better place if there were more laws such as these laws from NC. Maybe people would think twice about going behind their spouses back, and maybe people would think twice before having an affair with a married individual. As such, the nature of the human race won't likely change - but at least there would be harsher consequences.

Source:

Hatcher Law Group Practice Areas: Alienation of Affection & Criminal Conversation

OK Magazine: Fantasia Barrino Accused of Making Sex Tape with Married Man