QUESTION
Can I press charges against the man who was sleeping with my wife?
Asked on Jul 28th, 2014 on Civil Litigation - New York
More details to this question:
We are all in NY where adultery is illegal by the books. I realize that conviction is rare for these cases. But he knew we were still married. Perhaps (he can claim that she told him the we were going to have a divorce) but he knew we were still married. He is also a psychotherapist who's been after her for years as far as I could tell... and she had a lot of psychological issues. She was weak and I personally believe he took advantage of the situation. I'm considering filing an ethics report with his board. But aside from that, what other way can I send him a message? Can I press adultery charges at least to get that on his record or have him face the consequences of his actions?
1 ANSWER
While adultery is still technically a crime in New York, it is very rarely prosecuted, as well as being difficiult to prove. By statute, the man could not be convicted based solely on the testimony of your wife. I doubt that you could convince the prosecutor to press charges. Moreover, New York has done away with civil actions for alienation of affection, so you couldn't sue him for that. If the man was your wife's psychotherapist, t is possible that he committed malpractice by engaging in an affair with her but, while you can complain to the proper professional disciplinary authorities, I believe that only your wife would have standing to sue for malpractice, not you.
Answered on Jul 28th, 2014 at 3:24 PM