Legal Definitions - recrimination

Recrimination refers to a counter-accusation, where an individual who is accused of wrongdoing, in turn, accuses their accuser of similar or different misconduct.

Historically, this term had specific significance in family law, particularly in divorce proceedings:

• Family Law (Archaic): In an era when divorces were primarily granted based on one spouse proving the other was "at fault" (e.g., for adultery or cruelty), recrimination was a defense. If a spouse sought a divorce by accusing their partner of marital misconduct, the accused partner could respond with a counter-charge, proving that the accuser was also guilty of an offense that would constitute grounds for divorce. If both parties were found to be equally at fault, neither could obtain a fault-based divorce. This concept is now largely obsolete due to the widespread adoption of "no-fault" divorce laws, which allow couples to divorce without needing to prove marital misconduct by either party.

More broadly, in other legal contexts, recrimination can refer to an accused person making a counter-charge against their accuser, whether for the same alleged offense or a different one. This is often done to shift blame, challenge credibility, or justify actions.

Here are some examples illustrating the concept of recrimination:

• Historical Divorce Case: In the 1950s, before the advent of no-fault divorce, a wife filed for divorce, alleging her husband had committed adultery. The husband, in his defense, presented evidence to the court that his wife had also engaged in an extramarital affair. This counter-accusation of adultery by the husband against the wife would have been considered a recrimination, potentially preventing either party from obtaining a fault-based divorce under the legal standards of that time.

• Criminal Incident: During a police investigation into a street brawl, one individual is accused of assault by another participant. When questioned, the accused individual claims that the alleged victim actually initiated the physical altercation by throwing the first punch and and was the primary aggressor throughout the incident. This assertion by the accused, shifting blame and accusing the alleged victim of similar misconduct, serves as a form of recrimination.

• Workplace Dispute: A former employee files a lawsuit against their previous company, alleging they were unfairly dismissed and discriminated against. In response, the company's legal team presents evidence and arguments that the employee was actually terminated due to consistent poor performance, insubordination, and a pattern of unprofessional behavior, effectively making counter-accusations about the employee's conduct. This defense, which includes counter-charges against the accuser, illustrates recrimination in a broader legal dispute context.