Legal Definitions - compensatio criminis

Compensatio criminis is a legal principle, historically applied in divorce cases, where a defendant argues that the person bringing the complaint is also guilty of the very same misconduct they are being accused of. Essentially, it means "you did it too."

This defense is based on the idea that a person should not be allowed to complain about a breach of a contract (in this case, the marriage) if they themselves were the first to violate that contract through similar actions. It was often used in situations where one spouse accused the other of adultery, and the accused spouse responded by proving the accuser had also committed adultery.

Here are some examples to illustrate this concept:

• Example 1: Mutual Adultery Claim

  Mr. Smith files for divorce, accusing his wife, Mrs. Smith, of adultery. In her defense, Mrs. Smith presents evidence to the court that Mr. Smith has also been having an affair with another person. Mrs. Smith's defense is an invocation of compensatio criminis.

  Explanation: Mrs. Smith is arguing that Mr. Smith cannot seek a divorce on the grounds of her adultery when he himself is guilty of the same marital misconduct. His own actions undermine his claim against her.

• Example 2: "First to Breach" Argument

  Ms. Johnson initiates divorce proceedings against her husband, Mr. Johnson, citing his infidelity as the primary reason. Mr. Johnson admits to his affair but counters by providing proof that Ms. Johnson had engaged in an extramarital relationship several months *before* his own affair began. He argues that she was the first to violate their marital vows.

  Explanation: Mr. Johnson is using compensatio criminis to suggest that Ms. Johnson, having first breached the marital contract through her own adultery, should not be able to use his subsequent similar conduct as the sole basis for her divorce petition. He is essentially saying that she cannot complain about a breach she herself initiated.