Tort law (2022): Dignitary Tort: Seduction

The tort of seduction was a civil wrong or tort in common law legal systems, and still exists in some jurisdictions.

Originally, it allowed an unmarried woman's father - or other person employing her services - to sue for the loss of these services, when she became pregnant and could no longer perform them. Over time, the tort was altered, so that instead, it would be used by an unmarried woman to sue on the grounds of seduction to obtain damages from her seducer, if her consent to sex was based upon his misrepresentation.

Breach of promise was a similar, but not identical, tort that was used frequently in similar situations in the past, but has now been abolished in most jurisdictions.

Legal basis.

Initially, the tort of seduction was a remedy for a father's property interest in his daughter's chastity. However, the damages to which the father would be entitled were based on the father's loss of the working services of a daughter, much as a master could sue if a third-party caused injury to his servant that rendered the servant unable to work, because she was "seduced and debauched" and became pregnant as a result of nonmarital sexual activity. The tort of seduction was one of the most common civil actions toward the end of the 19th century, and fathers were often successful before juries.

In the 20th century, the action was criticized as maintaining "property interests in humans", and the tort was recast to recognize personal injury to the woman, rather than solely deprivation of a father's property right. Most jurisdictions granted the victim (the wronged woman) the right to sue in her own name. (Fathers could still sue as well, on the ground that they had a moral interest in their daughters' chastity). The suing woman was "usually but not always a virgin".

United States.

In the United States, the tort of seduction has been abolished in "most states". Fears of fraudulent suits, combined with a turn away from the view of property interests in persons, led to the enactment of "heart balm" statutes, abolishing causes of action for seduction, breach of promise, alienation of affection, criminal conversation, etc. in most states in the 20th century.