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It's a story as old as time. A man and a woman meet, fall in love and marry -- but after 10 years, they become bored. So the husband asks the wife to begin sleeping with other people in front of him. The wife obliges, then falls for one of her lovers. Heartbroken, the husband sues the lover under an arcane statute.
OK, so maybe this story isn't exactly universal. German Blinov, of Cook County, Ill., has been ordered to cough up $4,802 for "stealing the affections" of Arthur Friedman's wife, Natalie. Using a little-known state law, Friedman successfully convinced a jury that he was entitled to compensation from Blinov because his wife no longer loved him. Natalie Friedman admitted to having multiple affairs at her husband's behest, and claims that that is why she no longer loves him. "If he'd been such a great husband, wouldn't he protect me instead of making me do these things?" the 35-year-old asked the Chicago Sun Times.
Illinois is one of only nine states that still allow "alienation-of-affection" lawsuits (sometimes called "heart balm torts"). Though rare, such suits rely on statutes premised "on the belief that a wife was the property of her husband. Therefore, when a woman was emotionally or sexually involved with another man, she was considered to have been stolen." With all due respect to the multitude of established and aspiring mail order brides, most women these days do not view their marriage as a transfer of property.
Even Arthur Friedman's lawyer, David Shults, said it was "kind of remarkable" that the case wasn't thrown out. In order to win, he had to prove that love between Arthur and Natalie had existed, that that love was destroyed, and that Blinov's "malicious interference" was the cause. He also had to overcome the fact that his client was, according to Natalie Friedman, an active participant in their swinger lifestyle.
Despite all that, the jury found that Blinov owed Arthur Friedman reparations for the loss of his wife's love, though there was some dispute over its valuation. Apparently many jurors had thought $17.20, or the amount they earned for one day of jury duty, was an appropriate amount. Not surprisingly, Natalie Friedman found this process to be "humiliating." Ten years of marriage worth one day of jury duty? Ouch! What's a lifetime of devotion go for?
By Emil Steiner
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